1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPEAL NO. 38 OF 2003 The State of Maharashtra ... Appellant V E R S U S Hari Sambhaji Genappa ... Respondent ... Mr. S.V. Kurundkar, A.P.P. for appellant-State. ... CORAM : P.V.HARDAS AND A.V.NIRGUDE,JJ DATE : 24th NOVEMBER,2009 PER COURT 1. This appeal has been filed by the applicant-State questioning the correctness of the judgment of 3rd Adhoc Additional Sessions Judge, Ahmednagar in Sessions Case No. 01 of 2002, by which the trial Court acquitted the respondent-accused for the offence punishable under section 302, 451 and 201 of the Indian Penal Code. 2. At the outset, Mr. Kurundkar, learned A.P.P. for the appellant-State very fairly states 2 before us that the only circumstance against the accused is the recovery of clothes at the behest of the accused, which were found stained with blood group which matched with the blood group of deceased Manda, on the basis of memorandum statement of the accused. The trial Court has chosen not to rely on the aforesaid circumstance, as the trial Court held the seizure of the clothes was not effected under a seizure memorandum in presence of the panch witnesses. The trial court further held that there was no evidence to indicate that the clothes came to be seized at the behest of respondent-accused and were the clothes belonging to the respondent- accused. In that light of the matter, therefore the trial court extended the benefit of doubt to the respondent-accused and acquitted him. 3. We have heard Mr. S.V. Kurundkar, learned A.P.P. for the appellant-State. With the assistance of the learned A.P.P., we have perused the findings recorded by the trial Court. We have also perused the record and proceedings which 3 were called for by this Court. Upon perusal of the record and proceedings, according to us, no perversity can be pointed out in the reasoning of the trial Court in acquitting the respondent- accused. The view taken by the trial Court is a possible view to be taken on the basis of the evidence on record. 4. In that light of the matter, therefore, we see no merit in the appeal. The appeal is accordingly dismissed by confirming the order of the acquittal of the respondent-accused. (A.V.NIRGUDE, J.) (P.V.HARDAS, J.) MTK.