1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3410/2009 in Criminal Appeal No./--------/2009. The State of Maharashtra, through the Police Station Officer, Lakhandur vs. Jairaj Premdas Shende and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A.P.Lavande & P.D.Kode,JJ DATE : 14.01.2010 Heard Mr. Y.B.Mandpe, learned A.P.P. for the applicant/appellant. 2. By this application the applicant seeks leave to appeal against the Judgment and order of acquittal dated 31.7.2009 passed by the Sessions Judge, Bhandara in Sessions Trial No. 83/2007. 3. The respondents were prosecuted for the murder of Jaigopal Godru Meshram and both of them were charged under Sections 302 and 201 read with Section 34 of the Indian Penal Code. The prosecution examined 14 witnesses to prove the guilt of the accused. The trial court upon appreciation of evidence held that the prosecution had not proved the case beyond reasonable 2` doubt against both the accused. The prosecution relied upon the evidence of P.W. 10 Gyanba Shiva Meshram who had lodged report and also heavily relied upon the evidence of P.W. 5 Bhimrao Khobragade. The trial Court has not believed the evidence of the said two witnesses on the count of contradictions in their testimonies on the material aspects. The trial Court has also disbelieved P.W. 11 Nago Shiva Meshram who claimed to be an eye witness to the occurrence. 4. Careful perusal of the impugned Judgment discloses that the view taken by the learned trial Court disbelieving the material witnesses examined on behalf of the prosecution to bring home the guilt to the accused can not be faulted. In our considered opinion the view taken by the trial court is a probable view. Therefore, this is not a fit case in which this court deserves to interfere with the order of acquittal passed by the trial court. 5. In view of the above, we find no ground to grant leave to appeal against acquittal. Hence, the application is dismissed. JUDGE JUDGE patle 3`