1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1229 OF 2007 IN CRIMINAL APPEAL ST. NO.264 OF 2007 The State of Maharashtra ..Applicant VERSUS Balasaheb s/o Sheshrao Bade & ors. ..Respondents ..... Shri B.J.Sonwane, A.P.P. for the applicant/State Shri S.S.Choudhary, advocate for respondents/accused nos.1, 3 to 6 and 8 to 11 Shri S.S.Panhale, advocate for respondent/accused no.7. ..... CORAM : NARESH H. PATIL AND SHRIHARI P.DAVARE, JJ. DATE OF RESERVING THE ORDER : 01.9.2009 DATE OF PRONOUNCING THE ORDER : 09.9.2009 O R D E R : (Per Shrihari P. Davare, J.) 1 Perused. Heard learned counsel for the parties. 2 This is an application preferred by the 2 State/applicant to seek leave to file the appeal under Section 378 (1) of the Code of Criminal Procedure against the judgment and order passed by the leaned Ist Adhoc Additional Sessions Judge, Ambajogai, District Beed, in Sessions Case No. 19 of 2003 on 1.4.2006 acquitting the respondents/accused from the charges for the offences punishable under Sections 147, 148, 302, 341 r/w 149 of the Indian Penal Code; and under Section 27(2) of the Arms Act; and under Section 135 of the Bombay Police Act; and under Sections 218, 511 r/w 34 of the Indian Penal Code, respectively. 3 We have perused the oral and documentary evidence adduced and produced by the prosecution, as well as perused the medical evidence and also considered the submissions advanced by the learned counsel for the parties anxiously. There appear to be 4 eye witnesses to the occurrence of incident and victim Sangit Dighole made oral dying declaration before his brother Ashok i.e. the complainant, who sustained 22 injuries, out of which 7 were incised wounds. Hence, we find that there is prima facie case. 3 4 Hence, application is allowed and leave is granted, as prayed for. Application is disposed of accordingly. (SHRIHARI P. DAVARE, J.) (NARESH H. PATIL, J.) dbm/crap1229.07