1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application (APPA) No.148 /2010 IN Criminal Appeal No. /2010 WITH Criminal Revision No. 249/2009 [State of Maharashtra (Through PSO PS Yavatmal (Rural) Yavatmal vs. Kishor Namdeorao Damedhar and 9 others ) {Rahul Haridas Sahare vs. Kishor Namdeorao Damedkar and others} Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.V.A.Thakre, APP for the applicant-State Mr A.A.Naik, Adv.for the applicant in Revision ----- CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 05th October. 2010. Heard. Perused the depositions and the impugned judgment. 2. The accused were tried for offence punishable under sections 147, 148, 307 read with section 149, 324 read with section 149 and under sections 3(2)(v) and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 and have been acquitted. 2 3. The prosecution has tried to bring the case within the compass of Section 307 of the Indian Penal Code, on the ground that fatal attack on PW 1 was aimed at eliminating him. 4. PW 1 claims to have suffered injuries resulting in fracture of his forehead. The medical evidence relating to injuries to accused no.1 are in the nature of laceration, contusion etc. and there are no internal injuries including fracture. 5. Considering the entirety of the evidence on record, the learned Sessions Judge found that the evidence brought by the prosecution comprised of such material which took away the credibility of the witnesses. 6. Once the learned Sessions Judge has recorded the reasoned order upon appreciation of evidence that the witnesses were not inspiring confidence and the case of attempt to murder is not proved, the rest of the version even for lesser offence cannot be believed. 7. The judgment and order of acquittal is based on appreciation of evidence. 8. It is not the case of the prosecution that any material piece of evidence has not been considered or that the judgment is contrary to any evidence on record. 3 9. In these premises, second opinion on the same facts even upon re-appreciation for enabling this Court to convert the acquittal into conviction seems to be a mirage. The application has no merit. 10. Consequently, the Application for leave to appeal, Appeal and the Revision Application are dismissed. Judge Judge sahare