-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 428 OF 2007 APPLICATION NO. 428 OF 2007 APPLICATION NO. 428 OF 2007 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 2380 OF 2007 APPLICATION NO. 2380 OF 2007 APPLICATION NO. 2380 OF 2007 The State of Maharashtra. ... Applicant. V/s. Jaykumar Mahadeo Kale & Ors. ... Respondents. Ms. Poornima H.Kantharia for the Applicant. Mr. A.P. Mundargi with K.S. Patil for Respondents 1 to 4, 6 to 13, 15 to 17. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & K.U. K.U. K.U. CHANDIWAL,JJ. CHANDIWAL,JJ. CHANDIWAL,JJ. DATE DATE DATE : 10TH JUNE, 2008. : 10TH JUNE, 2008. : 10TH JUNE, 2008. P.C. P.C. P.C. : : : . We have heard learned Counsel on both the applications for condonation of delay as also on the application for appeal against acquittal under Section 307 of the Indian Penal Code. 2. We have considered the findings and discussion by the learned Judge as to whether Section 307 was attracted. We find that the learned Judge has considered the evidence of the witnesses as also the medical evidence corresponding to the injuries suffered by PW-1 and PW-6. From the said evidence it appears that it was not the intention of the accused to kill PW-1 and PW-6. The intention appears to cause bodily injuries. Considering the evidence on record, -:2:- in these circumstances, we find that it cannot be said that the learned Judge has acted illegally in acquitting the accused for the offence punishable under Section 307 of the Indian Penal Code. 3. In an appeal against acquittal, when the learned Judge has taken a view and the view taken is possible on the facts on record, this will not be a fit case for this Court to grant leave. 4. In the light of that, we pass the following order :- (i) The Application for condonation of delay is allowed. (ii) The Application for leave to appeal is dismissed. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.) (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)