1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Revision Application No.334/2006 Nasimoon Bano wd/o Shaikh Issa Vs. Ayubkha Walayatkha and 7 others. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE AND A.B.CHAUDHARI, JJ. DATED : 9th April, 2008. Heard Mr. A. A. De, learned counsel for the applicant and Mr. Jichkar, learned A. P. P. for the respondent no.8. By this criminal revision application, the petitioner, who is wife of deceased Shaikh, takes exception to the judgment and order dated 5.10.2006 passed by Adhoc Additional Sessions Judge, Achalpur in Sessions Trial No. 7/1996 by which respondent nos. 1 to 7 who are accused nos. 3 to 9 in the said Sessions Trial have been acquitted of offences punishable under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code. The trial Court has held original accused no.1 namely Ajijkha and accused no.2 Atikkha guilty of the offences punishable under Section 302 read with Section 34 of the Indian Penal Code on the ground that the prosecution has been able to prove beyond reasonable doubt that the accused Ajijkha - accused no.1 caught hold of deceased and 2 Atikkha – accused no.2 stabbed him with a knife. It was the case of the prosecution that respondent nos. 1 to 7 had assaulted deceased with sticks and to prove this fact the prosecution examined PW 3 Mehammodabi, PW 4 Surayya Bano, and PW 8 A. Kader. The prosecution has also relied upon the dying declaration recorded by the Executive Magistrate which implicated only accused nos. 1 and 2 in the crime. The trial Court refused to place reliance upon the three witnesses, who claimed to be eye witnesses, on the ground that there were inter se variations in their testimonies and, moreover, the dying declaration did not implicate the respondent nos. 1 to 7. Having heard learned counsel for the applicant and learned A.P.P. for the respondent no.8 and having perused the records, we find no infirmity in the impugned judgment and order insofar as acquittal of respondent nos. 1 to 7 is concerned. In our opinion, the trial Court has rightly disbelieved the three eye witnesses inasmuch as medical evidence only establishes single stab wound and there are no other injuries found on the body of deceased Shaikh Issa. In our opinion, the evidence of three witnesses was rightly disbelieved by the trial Court and the trial Court was right in acquitting respondent nos. 1 to 7 for the offences charged. It is well settled that jurisdiction of this Court to interfere in 3 exercise of revisional jurisdiction against judgment of acquittal is very limited. We find no perversity in the findings recorded by the trial Court while acquitting respondent nos. 1 to 7. We, therefore, find no merit in the present revision application. Hence, the same is rejected. JUDGE JUDGE MLA