1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 2364 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 The State of Maharashtra .. Applicant Vs. Sayaji Vasant Shinde and ors. ..Respondents Mrs. M.M. Deshmukh, APP for applicant. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. August 12, 2009. P.C. We have heard Mrs. Deshmukh, the learned APP. In Sessions Case No. 10 of 2006, the learned Additional Sessions Judge at Karad convicted accused no.1 for the offence punishable under Section 304 Part II of IPC for committing culpable homicidal death of his Uncle and sentenced to suffer RI for five years, whereas accused nos.2 and 3, the father and mother of accused no.1 came to be acquitted. The trial court accepted the presence of accused nos.2 and 3 at the spot of incident. It noted that accused no.2 was 65 years old and his wife accused no.3 was 60 years old and there was no evidence that both of them had participated in the attack on the deceased. Even on the part of accused no.1 what is established through the evidence of complainant Smt. Vijaya Jiva Shinde and another eye witness Shri Balwant Shamrao Shinde is one single 2 assault by spade on the head of the deceased and at the hands of accused no.1. We, therefore, do not find any case to reconsider the reasoning set out by the learned Additional Sessions Judge in the order of conviction as well as acquittal. Hence, leave to appeal under Section 378 (3) of Cr.P.C. is hereby refused and the application is rejected. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)