1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.(APPA) 444 OF 2010. STATE OF MAHARASHTRA VS RAJENDRA PANJABRAO PUNKAR AND 4 OTHERS ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri N. S. Khubalkar, APP for the appellant applicant. CORAM : A.H. JOSHI AND A. R. JOSHI, JJ. DATE : 12 th OCTOBER 2010. 1. The State has come in appeal aggrieved by the judgment and order passed in Sessions Trial No.69 of 2005 in which the accused Nos.1,2,3 & 5 who were facing the trial were acquitted. The accused No.4 had already expired. 2. Perused the judgment. 3. Heard Learned Advocate and learned APP. 4. It is seen that though homicidal death was proved, actual fatal assaults by the accused persons have not been proved. The prosecution witnesses cited as eye witnesses are proved to be not the eye witnesses. The appreciation of evidence done by the Sessions Court is not shown to be contrary to record or done in advertance of 2 testimony of any of the witnesses. 5. In the result, appeal has no merit. 6. Application for leave and appeal are dismissed. Judge Judge //mule//