IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2902 OF 2011 THE STATE OF MAHARASHTRA VERSUS DASHRATH SHESHRAO THORAT AND ORS ... APP for Applicant / Appellant : Shri N.B.Patil ... CORAM : A. H. JOSHI & A. R. JOSHI, JJ. Dated: August 26, 2011 ... 1. This is an application by State for leave to appeal against the acquittal. 2. The accused were charged in the Court of learned II Additional Sessions Judge, Jalna for the offence punishable under Sections 143, 147, 148, 307, 324, 323, 504 read with 149 of Indian Penal Code. 3. The crux of the matter is what was the weapon used and the injury suffered by the complainant. 4. Admittedly, the injury was simple, though the location, had the injury been grave, definitely vital. 5. Considering the nature of injury and the suspicion that has arisen, in view of the contradiction as per the versions contained in the complaint and testimonies akl IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD (2) CR.APPLN/2902/2011 of witnesses, learned Judge found that the genesis of offence was not disclosed and the offence charged was not proved. In the background that the genesis of offence is not proved, the learned Sessions Judge had rightly rendered the acquittal. 6. There is no merit in the appeal. 7. In the result, application and appeal both are dismissed. ( A. R. JOSHI, J. ) ( A. H. JOSHI, J. ) ... akl