1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Appeal No.802 of 2008. State of Maharashtra. Vs Kawadu Fakruji Atram. ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Smt. K S. Joshi, APP for the appellant. Coram: A. H. JOSHI AND A. B. CHAUDHARI JJ. Dated: 12th JANUARY 2009. 1. This is an appeal against acquittal by the State. 2. The burden on prosecution probably would have been better and easier discharged, had the victims alone been the witnesses. They probably found that their own testimony was inadequate and, hence, they had inducted the story of panch witness too to be the witnesses of incident as well. These witnesses, however, in their testimony, failed to support the testimony of victims. 3. The prosecution story, which otherwise could have been trustworthy, is rendered untrustworthy because of this added evidence. 2 4. The primary medical evidence of injury caused to both victims is also not brought on record. 5. The prosecution story rendered more unbelievable when the complainant was driving the motor cycle, he is said to have assaulted by the pillion rider. 6. No grounds are made out to grant any evidence for indulgence in appeal against the acquittal. 7. Hence, the appeal has no merit and is dismissed. JUDGE JUDGE Sbm