Cr.Appeal/163/1994 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO.163 OF 1994 The State of Maharashtra ..Appellant VERSUS Sahebrao Namdeo Sonawane Age 33 years, Occ. Service, r/o Chowka, Taluka and District Aurangabad ..Respondent ... Shri N.R.Shaikh, APP for appellant and Shri S.J.Salunke h/f Shri V.D.Salunke Advocates for respondent. ... CORAM : A.H.JOSHI & A.R.JOSHI, JJ. Dated : September 16, 2011 ORAL JUDGMENT : (Per A.H.JOSHI, J.):- 1. The accused, a police personnel, was charged for the offences punishable under Sections 307 and 449 of the Indian Penal Code for attempting to murder complainant Jankabai by trespassing her house and firing a bullet on her from his revolver. 2. Janakabai is examined as PW 1. The bullet, allegedly shot from the revolver is not recovered and hence not sent to Ballistic expert as to find out whether the bullet was fired from the very firearm. Cr.Appeal/163/1994 2 3. Considering the testimony of PW 1 Janakabai, the learned Sessions Judge fond her to be unworthy on the following reasons:- (1) Her response to alleged shot was absolutely passive. (2) She did not shout or leave the house after the alleged firing. (3) There was no evidence to show that she was rendered helpless or unable to escape and (4) Other witnesses did not support the prosecution case. 4. In the result, over act of shot by firearm has come in grave doubt, rather seen to be a tell tale. 5. An impression was carried from the evidence that the accused was prosecuted on account of mere suspicion and on account of previous enmity. 6. In the result, the judgment and order cannot be faulted with. Cr.Appeal/163/1994 3 7. The appeal has no merits. 8. Appeal stands dismissed. (A.R.JOSHI, J.) (A.H.JOSHI, J.) ... akl