1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal APPA No. 167/2009 in Criminal Appeal No. …./2009 The State of Maharashtra Vs. Anil Namdeorao Kapade and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM : A.P. LAVANDE & R.C.CHAVAN, JJ. DATE : APRIL 19, 2010. Heard Mr. Kothari, learned APP for the applicant/appellant. By this application, the applicant/appellant seeks leave to appeal against the judgment and order of acquittal dated 14.5.2009 passed by 2nd Additional Sessions Judge, Amravati in Sessions Case No.10/2006 by which learned trial Judge had acquitted respondents 2 to 6 for the offences punishable under Sections 147, 148, 302 read with Section 149 and Section 307 read with Section 149 of the Indian Penal Code. Respondent no.1 has been convicted for the offence punishable under Sections 304 (I) and 307of the Indian Penal Code and acquitted for the offence punishable under Sections 147 and 148 of the Indian Penal Code. Having heard learned APP for the applicant/appellant and having perused the record, we are of the considered opinion that no fault can be found with the findings given by learned trial Court. Learned trial Court by a well reasoned order has given cogent reasons for acquitting respondents 2 to 6 and convicting respondent no.1 for the offence punishable under Sections 304 (I) and 307 of the Indian Penal Code. The evidence of Dr. Vidya Wathodkar (PW 5) discloses that external injuries were found on upper as well 2 as lower limbs of deceased Ramdas. Both the humerous were fractured. On internal examination, 7th, 8th and 9th ribs on lateral side were found fractured. Having regard to the injuries suffered by deceased Ramdas, learned trial Court held that offences punishable under Sections 304 (I) and 307 of the Indian Penal Code were made out against respondent no.1, who had assaulted deceased. We find no infirmity in the findings recorded by the learned trial Court. In view of the above discussion, we find no ground to interfere with the order passed by the trial Court for convicting respondent no.1 for offence punishable under Section 304 (I) and 307 of the Indian Penal Code and acquitting the other respondents for offences for which they were charged. It is made clear that the observations made by us are for the limited purpose for disposing of the application for leave to appeal and the same shall not prejudice the accused since we have been informed that respondent no.1 has filed appeal against his conviction for offences punishable under Sections 304(I) and 307 of the Indian Penal Code. JUDGE JUDGE Ambulkar.