-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 3904 OF 2006 APPLICATION NO. 3904 OF 2006 APPLICATION NO. 3904 OF 2006 The State of Maharashtra. ... Applicant. V/s. Lakhan Bhairu Shinde & Ors. ... Respondents. Mr. P.S. Hingorani, A.P.P. for the State. None for the Respondents. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & K.U. K.U. K.U. CHANDIWAL,JJ. CHANDIWAL,JJ. CHANDIWAL,JJ. DATE DATE DATE : 28TH APRIL, 2008. : 28TH APRIL, 2008. : 28TH APRIL, 2008. P.C. P.C. P.C. : : : . This is an application by the State for leave to file an appeal against acquittal of the Respondents for the offence punishable under Sections 395 and 397 of the Indian Penal Code. 2. It appears that this Court had directed that notice to be issued to the Respondents. The learned A.P.P. points out that though all attempts were made to trace and serve the Respondents, they have been unable to do so. 3. We have, however, gone through the judgment of the learned Judge on merits. Firstly we find that incident is of 26.06.2004 and the F.I.R. was lodged only on 02.07.2004. This delay has not been properly explained. Secondly, the alleged weapon is not -:2:- recovered based on the statement made by the accused but by way of spot panchanama seven days after the incident. It has come on record that the complainant was never unconscious after he was admitted in the hospital and till such time the complaint was lodged. Also in respect of the money, it has come on record that it was of the saving account of one of the accused Budhadi from State Bank of India. The learned Judge also noted that only four persons have been charged for the offence of dacoity and for the offence of dacoity there is a requirement of five or more persons. 4. Considering the evidence as considered by the learned trial court and the various lacunae pointed out, in our opinion, no case is made out for granting leave to appeal and the application is rejected. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.) (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)