1 Criminal Appl.No.5024 of 2010 in Criminal Appeal No.458 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5024 OF 2010 IN CRIMINAL APPEAL NO.458 OF 2010 Ramkishan @ Pintya S/o. Asaram Kayande and others APPLICANTS VERSUS The State of Maharashtra RESPONDENT Smt.S.S.Jadhav, learned counsel for the applicants. Mr.K.G.Patil, learned A.P.P. for respondent State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 05/01/2011 PER COURT : 1. The appellants stand convicted for an offence punishable u/s. 302 r/w.34 of The IPC. It appears that the Trial Court has placed reliance on the evidence of P.W.No.1 Pushpa and the evidence relating to the discovery of knife at the behest of appellant no.1 and 2. We have heard Smt.Jadhav, learned counsel for the applicants/accused, who has referred to the findings recorded by the Trial Court. It is the contention of the learned counsel for the applicants that there is 2 Criminal Appl.No.5024 of 2010 in Criminal Appeal No.458 of 2010 virtually no evidence whatsoever to sustain the conviction of the appellants. 2. According to us, this would entail re-appreciation of evidence, which can not be done at this stage. However, looking to the evidence of prosecution and the fact that the First Information Report at Exh.27 had been lodged by P.W.No.1 Pushpa against the unknown persons, we are inclined to list this appeal for final hearing. We accordingly accede to the request of the learned counsel for the applicants of permitting the applicants to file a private paper book containing the copies of the deposition of the witnesses. We dispense with the inclusion of documents in the private paper book, Since the R & P has been received, the documents can be referred to from the R & P. 3. Accordingly, a skeleton private paper book be filed within 2 weeks from today. Upon its receipt, Registry to list this appeal for final hearing. Application dismissed with the aforesaid liberty. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JAN. 2011/cri.appl.5024-10