1 APPLN 504/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 504 OF 2011 The State of Maharashtra : Appellant. versus Ramesh Pandurang Phadtare and ors. : Respondents. Mr. J P Yagnik APP for the State/Appellant. CORAM : NARESH H PATIL & MRS.MRIDULA R BHATKAR, JJ DATE : 28th JUNE 2011 P.C. 1 Heard the learned APP for the State. 2 This is an application preferred by the State for leave to file appeal against the order of acquittal dated 20.12.2010 passed by the learned Additional Sessions Judge, Satara in Sessions Case No.121 of 2009. 3 We have perused the deposition of the witnesses, medical evidence, evidence of injured witness Yaswant Deokar (PW 6) and his son Sanjay Deokar (PW 5). PW.6 Yashwant Devkar has narrated the incident in which he was assaulted along with his son. According to this witness the assailants had inflicted serious blows with dangers weapons like rod and angle. During cross examination, an omission was recorded to the effect that he had made statement before police that three motorcyclists came from behind and on each motorcycle 2 APPLN 504/11 three persons were sitting. The evidence against the acquitted accused vis. Rajendra Ishwar Kamble and Narayan Nana Hegde, the original accused Nos.3 and 4 respectively was disbelieved by the trial Court. 4 We have perused the reasoning adopted by the trial Court in acquitting original accused Nos.3 and 4. Considering the medical evidence, role attributed to the convicted accused and the omission brought on record in the evidence of injured witness, we find that the view adopted by the trial Court in acquitting the accused is a possible view. The State Application for leave to file Appeal against the order of acquittal of accused Nos.3 and 4 is dismissed and Appeal against the order of acquittal of accused Nos.1 and 2 is admitted and to be heard along with Appeal Nos.53 of 2011 and 481 of 2011. (MRS.MRIDULA R BHATKAR J.) (NARESH H PATIL, J.)