1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.299 of 2009 [The State of Mah. Vs. Pradip G. Gawande & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. V.A. Thakre, APP for appellant. Mr. Jawade, Adv., for respondents. ----- CORAM : A.H. JOSHI, J. DATE : 07th April, 2010. 1. The order of conviction rendered by Judicial Magistrate First Class, Akot, in Regular Criminal Case No. 43 of of 2002 for offences punishable under Sections 147, 148, 149, 323, 336, 427 and 506 (ii) of the Indian Penal Code has been reversed by Sessions Court. 2. Heard. 3. Perused the judgment. 4. The Sessions Court found that :- [a] The Injury Certificate does not prove that the injuries were caused in the incident. [b] The weapons by which injuries were caused were not seized in 2 the process of investigation. [c] The involvement of all other accused, except Accused No.1, was not proved. 5. Evidence of all the witnesses has been perused, re-appreciated and discussed. 6. The conclusions reached by the Appellate Court are based on re-appreciation of evidence. 7. It is not shown that any of the material piece of evidence is not considered. 8. The Appellate Court has taken a possible view and granted acquittal. 9. Such order of acquittal does not call for any interference. 10. In the circumstances, appeal has no merit, and is rejected. Judge |Hedau| 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Appeal No. of 2009 [Siddharth M. Borkar Vs. Mohd. Aslam Ab. Razak] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.A. Sable, Adv., for the appellant. Mr. P.S. Tiwari, Adv., for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 07th April, 2010. Heard. Appeal is admitted. Learned Adv. Mr. P.S. Tiwari waives service. Judge |Hedau| 4