-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1932 OF 2008 ( State of Maharashtra vs. Santosh Janrao Sahare & Anr. ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- Shri S.S. Doifode, APP for the applicant – State. ...... CORAM : K.J. ROHEE & B.P.DHARMADHIKARI, JJ. JULY 30, 2008. 1. Heard the learned APP for the applicant. 2. The prosecution version is that on the date of incident Ramdas Gyandeo Bade along with his nephew Santosh Shaligram Bade – Accused No.3 had gone to liquor shop of Accused No.2 Balu Devidas Lale. Accused No.1 Santosh Janrao Sahare was servant in the liquor shop. It is alleged that there was quarrel between Ramdas Bade and Accused No.2 Balu about some arrears of the bill. It is alleged that A-1 Santosh Sahare assaulted Ramdas Bade with Gupti on the instigation of A-2 Balu. There is no reference about any role played by A-3 Santosh Bade. 3. PW-3 Narendra Ingle is said to be the only eye witness to the alleged assault. However, the trial -2- Court did not find his evidence trust worthy. The trial Court did not rely on the evidence about discovery of Gupti by A-1 Santosh Sahare. 4. Thus, there appears no perversity in the findings recorded by the trial Court and hence leave to file appeal is rejected. JUDGE JUDGE *GS