1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1495 OF 2010 State of Maharashtra ..Applicant (Orig.Complainant) Versus Ramesh Shivram Patil and ors. ..Respondents (Orig.Accused 1 to 3) Mr.N.R.Shaikh, A.P.P. for applicant Mr.N.B.Suryawanshi, Advocate for respondents 1 and 2 Mr.Amit S.Savale, Advocate for respondent No.3 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 13th September 2010 PER COURT : 1. This is an application seeking leave to file appeal against the acquittal of the respondents for offence punishable under Section 302 read with sec.34 of the Indian Penal Code. Original accused Nos.1 and 2 came to be convicted for offence punishable under Section 326, 323 and 448 read with sec.34 of the Indian Penal Code and benefit of the Probation of Offenders Act came to be extended to the said accused. We are informed that accused Nos.1 and 2 have filed Criminal Appeal No.4 of 2010 which is pending in this Court. 2. By this application, the acquittal of original accused No.3 is also questioned. The eye witnesses have not ascribed any overt act to the original accused No.3. The eye witnesses do not also refer the presence 2 of original accused No.3. It is only alleged that on an earlier occasion original accused No.3 had threatened the deceased. In the light of the fact that there is no evidence against original accused No.3, we partly allow this application and dismiss the same as against original accused No.3 (respondent No.3 – Devidas Nilkanth Patil) and grant leave to file appeal as against original accused Nos.1 and 2. 3. Accordingly, this application is partly allowed. Leave granted as stated above. Appeal admitted. Learned Counsel accept notice of admission of appeal on behalf of respondents. ( A.V. POTDAR, J.) ( P.V. HARDAS, J.) (vvr/1495.10criappln)