1 APPLN-627/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.627 OF 2011 The State of Maharashtra : Applicant versus Shivaji Pandurang Tambe : Respondent. Mr. J P Yagnik, APP for the Applicant/State. CORAM : NARESH H PATIL & K U CHANDIWAL, JJ DATE : 08TH AUGUST 2011 P.C. 1 Heard. Perused record. 2 Sole eye witness PW No.3, who is the grand daughter of deceased, unfortunately turned hostile. Before police, she made a statement that she had seen the Respondent assaulting the deceased. Apart from the evidence of PW No.3, there is no oral evidence on record from which the prosecution establishes that the Respondent was author of the injuries on the person of deceased and he assaulted the deceased with deadly weapon like chopper. Though the prosecution has brought on record certain other circumstances like Respondent being seen running away armed with chopper from the place of incident and, blood stained clothes being found on the person of Respondent having blood group of 2 APPLN-627/11 deceased - his father, the trial Court, after detail scrutiny and appreciation of evidence on record, found it to be unsafe to convict the Respondent on the basis of evidence appearing on record. 3 We have gone through the impugned judgment. We do not find any glaring infirmity in respect of appreciation of evidence on record by the learned trial Judge. The view adopted by the learned trial Judge is reasonable and inconsonance with the evidence on record which does not call for any interference at the appellate stage. There is no merit in the Appeal. Appeal is dismissed. Leave to file is refused. Consequently the application is dismissed. R & P be sent back immediately. (K U CHANDIWAL, J.) (NARESH H PATIL, J.)