1 appln 565 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.565 OF 2011 The State of Maharashtra .. Applicant. -versus Baburao Narayan Patil .. Respondent. Mr. S.A. Shaikh, APP for the Applicant State CORAM: R.C. CHAVAN, J. DATED: 3rd August, 2011 P.C. 1. This is an application for leave to file appeal against appellate judgment of the learned Additional Sessions Judge, Kolhapur, (Smt. P.D. Desai), setting aside conviction of the respondent, recorded by the learned J.M.F.C. Radhanagari. Learned Magistrate, on conclusion of Criminal Case No.35 of 1983 had convicted both the accused persons Tukaram Repe and Baburao Narayan Patil. Both of them preferred appeals. Both appeals were disposed of by the learned Judge by judgment dated 14th January, 2011. But the learned Judge seems to have chosen to pass two separate judgments. 2. The judgment acquitting the accused Tukaram Repe, was questioned by the State by preferring Criminal Application No.562 of 2011, in which by an elaborate order on 20nd July, 2011, leave has been granted. 2 appln 565 of 2011 3. Learned APP points out that in this case, learned Additional Sessions Judge seems to have simply noted argument of the learned counsel for the respondent and the judgment does not show as to whether the Additional Public Prosecutor incharge of the case opened his mouth or not. Considering the nature of appreciation of evidence by the learned Additional Sessions Judge, for the reasons which are given in the order dated 20th July, 2011, leave granted. Admit. Call for record and proceeding. (R. C. CHAVAN, J.)