IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR CRIMINAL REVISION NO.258/2006 [Charandas Mahadeorao Khadse ..vs.. Rajhans Khadse & anor] -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : R.C. Chavan, J. DATE : November 19, 2008 Cri. Application No.3292/2008 Heard. For the reasons mentioned in the application delay condoned. Cri. Revision No..258/2006: This is an application by the victim's son assailing the judgment of the learned Ad-hoc Additional Sessions Judge Yavatmal whereby he disbelieved the applicant and proceeded to acquit the accused. The learned Additional Sessions Judge has observed in paragraph 23 of the judgment that the applicant Charandas stated that he saw the accused assaulting his mother with axe and claimed to have scared when there was no reason to be scared since the accused was not accompanied by any accomplice i.e. accused was alone. Thereafter, according to the learned Trial Judge the applicant went inside his house, remained in the house for about 20 minutes came out, disclosed about assault to one Dilip Khadse. Again he went in the house and slept. This conduct is really incredible and the learned Judge cannot be faulted for disbelieving the applicant. Since the view taken by the learned Trial Judge is probable, no interference in exercise of revisional jurisdiction is called for. Revision is therefore dismissed. JUDGE smp