- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 409 OF 2007 The State of Maharashtra Applicant Vs. Sagar Suresh Davne & Ors. Respondents Mr. V. B. Konde-Deshmukh, APP for applicant. Mr. Ingawale, Advocate for the respondent Nos. 1 to 6. CORAM : SRI R.M.S. KHANDEPARKAR,& SRI. A.A. SAYED, JJ. DATE : JANUARY 17, 2008. PC . Heard. The respondents were charged with the offence punishable under Section 302 of I.P.C and the prosecution examined total 22 witnesses in support of the said charge. However, on detailed analysis of the evidence on record, the learned Session Court arrived at the conclusion that the prosecution had failed to establish the chain of events which would bring home the charges of murder against the respondents. One of the material piece of evidence, which was sought to be collected were clothes, alleged to be worn by the - 2 - accused at the time of commission of the offence and in that regard, clothes were subjected to forensic laboratory test, in relation to blood stains found on those clothes. However, the laboratory report discloses that the blood group of the blood found on the clothes was totally different from that of the deceased. There is a clear finding to that effect in the impugned judgment. So also witnesses could not identify the accused in the court, even though the investigating agency is stated to have conducted the identification parade. As even in relation to the clothes of the accused which were seized on account of having found stained with the blood on one hand, it was contention of the prosecution that clothes were thrown in the river whereas on the other hand, it is sought to be established that the clothes were seized from the custody of the accused person. The evidence of two witnesses which were stated to be the eye witnesses have been disbelieved on account of their conduct and their testimony being disclosing various discrepancies, sufficient to doubt about the - 3 - truthfulness of their evidence. The finding arrived at by the trial Cour that the prosecution has failed to establish the unbroken chain of events to prove the charge on the respondent is clearly apparent from the record and has been arrived on detailed analysis of the entire evidence led by the prosecution. It is not the number of witnesses but quality of evidence that is relevant and considering the quality of evidence in the matter in hand, no fault can be found with the finding arrived at by the trial Court to justify the acquittal of the respondent. Being so, there is absolutely no case for interference in the impugned judgment. The failure on the part of the prosecution to establish the charges on the respondent, justify the finding of the trial Court and hence, the application for leave to appeal fails and is summarily rejected. Sd/- [ R.M.S. KHANDEPARKAR, J.] Sd/- [ A. A. SAYED,J.]