1 Cri. Appln. 3403.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3403 OF 2009 The State of Maharashtra, Through Police Station Officer, Police Station, Bembli, Taluka and District Osmanabad ... Applicant V E R S U S 1. Kishor S/o Laxman Bansode 2. Smt. Sitabai Laxman Bansode 3. Sow. Shridevi Dhondiram Terkar 4. Bharat S/o Bajirao Chendke ... Respondents ... Mr. S.V. Kurundkar, A.P.P. for Applicant-State. ... CORAM : P.V.HARDAS AND A.V.NIRGUDE, JJ. DATED : 5TH DECEMBER, 2009 PER COURT 1] This is an Application filed by the applicant-State seeking grant of leave to file Appeal against the judgment of Sessions Judge, Osmanabad dated 30.6.2009, in Sessions Case no. 6 of 2009 acquitting the respondents/accused for the offences punishable under section 302 r/w. 34 of the Indian Penal Code. 2] We have heard Shri Kurundkar A.P.P. for the applicant-State with whose assistance we have 2 Cri. Appln. 3403.2009 perused the judgment and the findings recorded by the trial Court. We have also perused the evidence of the witnesses examined on behalf of the prosecution and upon such perusal, according to us, this is a fit case for granting leave. 3] Accordingly we allow this Application and grant leave for filing Appeal against respondent nos. 1,2 and 3 only. Leave against respondent no.4 is refused. Appeal admitted. Action under section 390 of the Code of Criminal Procedure be taken by the trial Court by issuing bailable warrants of Rs.10,000/- (Rs. Ten Thousand) each against the respondents. Sd/- Sd/- (A.V.NIRGUDE, J.) (P.V.HARDAS, J.) arp