(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.3605 OF 2007 The State of Maharashtra....Applicant Versus Suresh Hari Pawar & Ors.....Respondents Mrs. V.R.Bhosale, A.P.P. for Applicant. Mr. P.M. Pradhan, for Respondent Nos.1,3,6 and 8. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: 17TH JUNE 2008 DATED: 17TH JUNE 2008 DATED: 17TH JUNE 2008 P.C.: P.C.: P.C.: . This is an application for leave to appeal filed by the the State against the order of the learned Sessions Court in Sessions Case No.959 of 1996. All the accused were convicted of the offence punishable under Section 302 and 34 of the I.P.C. as also other offence as charged. 2. From the evidence on record and the judgment we find that the complainant Arvind eye witness did not support the case of the prosecution as can be seen from the discussion of the learned Judge. Similarly even the Special Executive Magistrate who recorded the dying declaration P.W.4 also did not support the prosecution case contending that his signature on the dying declaration was taken at his house by the police. The learned Judge also noticed that P.W.9-Amitchand eye witness has also turned (-2-) hostile. Similarly the recoveries have been rejected as the witnesses did not support the case of the prosecution and turned hostile. At any rate the recovery is against one Naresh, who has since expired. 3. As is now well settled law that the view taken by the learned Judge is probable view and no part of the evidence has been ignored in coming to the conclusion it would not be proper for this Court to interfere with the discretion exercised by the learned trial Court. 4. Considering the discussion and as most of the witnesses have turned hostile we find that the view taken by the learned Judge is probable view. In the light of that no case made out. Application for leave to appeal rejected. (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)