[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION APPLICATION NO.1183 OF 2007 IN APPEAL NO. OF 2007 The State of Maharashtra ..Applicant Vs. Sandip Sadashiv Dange and 3 ors. ..Respondents ... Ms.M.M.Deshmukh APP for Applicant-State Mr.Dipak Dongare Advocate for Respondents ... CORAM:F.I.REBELLO AND CORAM:F.I.REBELLO AND CORAM:F.I.REBELLO AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE :APRIL 7, 2008 DATE :APRIL 7, 2008 DATE :APRIL 7, 2008 P.C. P.C. P.C. 1. The State of Maharshtra has filed this application for leave to file appeal against the judgment and order of acquittal passed by the learned 6th Adhoc Additional Sessions Judge, Kolhapur in Sessions Case No. 69 of 2006. By the said judgment and order, the learned Sessions Judge acquitted the Respondents as offence under Section 307 read with Section 34 of IPC and under Section 135 of Bombay Police Act. 2. It is the prosecution case that on 19th [-2-] February, 2006, Shivjayanti processions were arranged by various organizers in Kolhapur city. There was dispute regarding procession in between two organizations. The Respondents-accused objected to the stopping of the procession of the complainant Sahyadri Ganesh Mandal infront of their organization. It is the prosecution case that Respondent No.1 Sandip removed sword and gave blow on head of Sagar Kadam which caused bleeding injury on his forehead. The other Respondents Omkar Savekar, Nilesh Powar and Indrajeet Salokhe also assaulted Sagar Kadam by means of fist and kick blows. Respondent No.1 Sandip Dange gave blow of sword on thighs of both legs of Sagar Kadam. Thereafter injured Sagar and Uttam were taken to CPR Hospital Kolhapur for treatment. FIR came to be registered. 3. We have heard the learned APP for the Applicant-State and the learned Advocate for the Respondents-accused. We have perused the judgment and order as well as evidence produced by the learned APP. After anxious considering the matter, we are of the opinion that the view taken by the learned Sessions Judge is a reasonable and possible [-3-] view. 4. When injured Uttam and Sagar went to the hospital, they came to be examined and injury Certificates Exhibits-30 and 31 came to be issued. No doubt, deceased Uttam sustained incised wounds on both thighs. However, medical certificate clearly shows that both the injuries were simple in nature. Sagar Kadam sustained only one injury i.e. incised wound on the forehead. However, as per medical certificate Exhibit-31, the said injury was simple in nature. Looking to the size of the weapon which has been allegedly used by the prosecution and the sharpness of the blade, it is difficult to accept that blows by the said weapon would result only in simple injuries. The prosecution has only relied on the medical certificates i.e. injury certificates Exhibits-30 and 31 which have been issued in respect of witnesses Sagar and Uttam, it is pertinent to note that Doctor has not been examined. Looking to the evidence on record, we cannot find any fault with the conclusion reached by the learned Sessions Judge that the injuries would not fall under Section 307 of IPC. In so far as the offence under [-4-] Section 135 of the Bombay Police Act is concerned, we find no material on record as neither the Investigating Officer nor any of the witnesses have stated that there was proclamation of the order under breach and the accused and public at large, within vicinity have heard and had knowledge about it. That apart, no copy of such order has been relied upon by the prosecution to prove there was proclamation of the order under breach by proper process. Hence, it cannot be said that there was order proclaimed which was not followed by the accused persons and thereby they have committed its breach. 5. Looking to the evidence on record, we are of the opinion that the view of acquittal taken by the learned Sessions Judge is a reasonable and possible view. Hence, application for leave to appeal is rejected. [SMT.V.K.TAHILRAMANI,J.] [ F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [ F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [ F.I.REBELLO, J.]