IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRI. APPLICATION (APPA) NO. 274 OF 2010 IN CRI. APPEAL NO. OF 2009. (STATE OF MAHARASHTRA THR. PSO YAVATMAL...VS.. SHARAD BAPURAO THAKRE.) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. T.A.Mirza, A.P.P. for Appellant. CORAM : A.P.LAVANDE & P.D.KODE, JJ. DATED : JUNE 25, 2010. 1. Heard Mr. Mirza, learned A.P.P. for the appellant. 2. By this application the applicant seeks leave to appeal against judgment and order of acquittal, dated 27.08.2009 passed by Additional Sessions Judge, Yavatmal. 3. The respondent was prosecuted for having committed murder of Balkrushna Shyamrao Donadkar by assaulting him with a stick on his head in market yard at Yavatmal on 27.02.2009. The deceased died on 28.02.2009 at about 7.00 p.m. F.I.R. was filed by brother of the deceased on 08.03.2009 pursuant to which investigation was taken up and chargesheet was filed against the respondent for the offence punishable under Section 302 of the Indian Penal Code. 4. The prosecution examined in all eight witnesses to prove the guilt of the accused. The learned trial Judge, upon appreciation of evidence, held that the homicidal death was not proved and further it was not proved that the accuse assaulted deceased Balkrushna Donadkar with stick causing him injury resulting in his death. The learned trial Judge further held that the statements of two eyewitnesses viz. P.W. 4 Pundlik and P.W. 5 Ananta were recorded after one month and fifteen days respectively and as such the prosecution story could not be believed. 5. Having heard the learned A.P.P. and having perusal the record, we are of the considered opinion that the view taken by the learned trial Judge is probable view and therefore, no interference is called for in appeal against acquittal. 6. For the aforesaid reason, we do not find any ground to entertain the application. Hence, the application is disposed of. Consequently the appeal is dismissed. JUDGE JUDGE RR.