1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Application No.4103 of 2008 The State of Maharashtra Applicant Vs. Shoukat Musa Sayyed & ors. Respondents Org.Accused Nos.2, 4 to 6 & 8 to 12) Mr.V.B.Konde-Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & SMT.ROSHAN S. DALVI,JJ. August 10, 2009. P.C. 1. We have heard Mr. Konde-Deshmukh, the learned APP. In Sessions Case No.184 of 2007 in all twelve accused were tried for the offences punishable under Sections 147, 148, 302 read with Section 149 of IPC and Sections 341 and 323 read with Section 149 of IPC. They were tried by the learned Addl. 2 Sessions Judge, Raigad-Alibaug and by his judgment and order dated 9/7/2008 he held that the prosecution proved the assault on the complainant at the hands of accused nos.1, 3 and 7 and Naveed was the victim in the said assault at the behest of the said three accused who were found to be guilty of committing a culpable homicide amounting to murder. The learned Addl. Sessions Judge further held that there was no material to record a finding affirmatively in support of the prosecution case that there was an unlawful assembly of the remaining accused i.e. accused nos.2, 4 to 6 and 8 to 12 and, therefore, they came to be acquitted of all the charges. Hence this application seeking leave to appeal against the acquittal order passed by the Sessions Court against accused nos.2, 4, 5, 6, 8, 9, 10, 11 and 12. 2. As per the prosecution case there were three eye witnesses i.e. PW 1, PW 2 and PW 4. PW 1 is Iqbal, PW 2 is Mansoor and PW 4 is Mujaffar. We have perused the oral depositions of these three witnesses and also the evidence of the Medical Officer. We are satisfied that the reasoning set out in support of acquittal of accused nos.2, 4to 6 and 8 to 12 does not call for any reconsideration at our hands. 3 3. Hence leave to appeal under Section 378(3) is hereby refused. (SMT.ROSHAN S. DALVI,J.) (B.H.MARLAPALLE,J.)