sanjay 1 146.11-appln IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 146 OF 2011 The State of Maharashtra. ... Applicant. V/s. Vishwanath Sabha Kamble and others. ... Respondents. Mrs.A.S.Pai, APP for the applicant- State. Ms.Pooja Bhojane for the respondents. CORAM : B. H. MARLAPALLE & A. M. THIPSAY, JJ. DATED : 26th April 2011. P.C. : We have heard Mrs.Pai, learned A.P.P. appearing for the State and with her assistance we have perused the oral depositions of P.W.1- Shantabai Shivaji Kamble; P.W.2- Mahananda Kishor Pujari; and P.W.4- Rukmini Ravi Sagat. P.W.1 is the mother of P.W.2 and P.W.4 and deceased Malhari was the son of P.W.1 and brother of P.W.2 and P.W.4. It appears that P.W.1 approached the police station where P.W.5 was on duty. He visited the spot and found Malhari dead. Inquest Panchanama was drawn and the dead body was sent for postmortem report. The incident, as per the prosecution case, had taken place between 6.00 and 6.30 p.m. on 2nd November 2008 and that too in a crowded locality. No independent witness has been examined by the prosecution and P.W.4 was claimed to sanjay 2 146.11-appln be an eye witness. The evidence of all these three witnesses does not inspire confidence and, in our opinion, the trial Court has rightly recorded the order of acquittal. Hence, leave to appeal is refused and the application is rejected. (A. M. THIPSAY, J.) (B. H. MARLAPALLE, J.)