HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 694 OF 2008 CRIMINAL APPLICATION NO. 694 OF 2008 CRIMINAL APPLICATION NO. 694 OF 2008 The State of Maharashtra .. Applicant Versus Ashok Baban Shirke and Ors. .. Respondents Smt. V.R. Bhosale, A.P.P. for Applicant/State. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: APRIL 21, 2008 DATED: APRIL 21, 2008 DATED: APRIL 21, 2008 P.C. P.C. P.C. . The learned Ad Hoc Additional Sessions Judge-I Niphad has convicted the respondent for the offences punishable under Section 304 Part II read with 34 of the I.P.C. The accused Nos. 1 and 2 who are respondent Nos. 1 and 2 have been sentenced to suffer R.I. for seven years each and to pay fine of Rs.500/- each and further imprisonment in default for six months each. The accused Nos. 3 and 4 have been convicted for the offences punishable under Section 304 Part II read with Section 34 and sentenced to suffer R.I.for three years each and to pay fine of Rs.500/- each and in default R.I. for six months each. The accused No. 1 to 4 were acquitted of the charges of 504 read with 34 and 506 read with 34 of I.P.C. . The State has come in appeal against the acquittal of the accused for the offences punishable under Section 302 of the I.P.C. as also the offences punishable under Section 504 read with 34 and 506 read with 34 of I.PC. . We have heard the learned counsel for the Sate. The medical evidence which is on record of P.W. No. 5 the following injuries were noted in the course of post mortem. (1) C.L.W. over occipital region 2.1/2x1/2 inches. Evidence of clotted blood seen. On deeper dissection, scalp haemotoma present. There was no evidence of fracture of skull. (2) Abrasion upper eye lid right side 1 x 1/2 cm. Clotted blood present. . The learned Judge thereafter on considering the evidence including of P.W. No. 1 Latabai who was eye witness held the accused guilty of causing death of the deceased. In so far as conviction is concerned the learned Judge observed that considering all the circumstances, it was not the case of culpable homicide amounting to murder. . In our opinion, after considering the nature of injuries and that there was only one major injury and there was no fracture of the skull and there were no other injuries except on the eye brow, in our opinion, the acquittal under Section 304 Part II really cannot be faulted with. In the light of the above, this will not be a fit case to grant this application. Accordingly application rejected. (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.)