FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4377 OF 2009 WITH CRIMINAL APPLICATION NO. 4378 OF 2009 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ 1. Heard Shri S.D.Kaldate, learned A.P.P. for the applicant/State. 2. Since, we have condoned the delay, this application is heard at the request of learned A.P.P. 3. This is an application filed by the applicant/State seeking leave to file appeal against the judgment and order of the Additional Sessions Judge-5, Aurangabad dated 5.8.2009, acquitting the respondents for offences punishable under Sections 141, 143, 307, 323, 452 and 504 of the Indian Penal Code. 4. The case of the prosecution was that the accused had assaulted and had forcibly administered poison to PW1 Narayan Khillare. However, the evidence of Narayan Khillare clearly indicates that he had not stated in his previous statement about the actual assault and the forcible administration of poison. The Medical Officer has admitted to have collected gastric aspirants and gastric aspirants were sent to the Chemical (2) Analyser for analysis. The result of the chemical analysis clearly indicated that no poison was detected in the gastric aspirants. In that light of the matter, the Trial Court found that no reliance could be placed on the testimony of PW1 Narayan Khillare and the prosecution has utterly failed to prove the case beyond reasonable doubt. 5. We have heard learned A.P.P. and also perused the findings recorded by the Trial Court and upon such perusal, we do not find any perversity in the reasoning of the Trial Court so as to warrant any interference in this appeal. The view taken by the Trial Court is a possible view to be taken on the basis of the evidence on record. In that light of the matter, therefore, there is no merit in the application and accordingly, application stands dismissed. Leave refused. (SHRIHARI P. DAVARE, J.) (P.V.HARDAS, J.) Date : 11.01.2010 dbm/crap4377.09