1 Criminal Appl.No.2038 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2038 OF 2010 State of Maharashtra APPLICANT VERSUS Bhagwan Dashrath Naikwade and another RESPONDENTS Mr.N.H.Borade, learned A.P.P. For applicant/State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 17/01/2011 PER COURT : 1. This is an application seeking leave to file appeal against the judgment of the Additional Sessions Judge, Nilanga dated 18/02/2010 in Sessions Case No.29/2008, acquitting the respondents for offence punishable u/s. 302 of The IPC. 2. With the assistance of the learned A.P.P., we have perused the findings recorded by the Trial Court, as well as the record and proceedings. Upon such perusal, according to us, no case whatsoever is made out in respect of the original accused no. 2/respondent no.2 to this application i.e. Dropatibai @ Dhurpatabai 2 Criminal Appl.No.2038 of 2010 W/o.Dashrath Naikwade. We, therefore, partly allow this application by granting leave to file an appeal against the judgment of the Trial Court acquitting the respondent no.1 Bhagwan Dashrath Naikwade for offence punishable u/s. 302 of The IPC. This application is dismissed as against original accused no.2/respondent no.2 to this application. Leave therefore stands refused for filing an appeal against acquittal in respect of respondent no.2. Leave is granted to file appeal against the acquittal of respondent no.1 for offence punishable u/s. 302 of The IPC. Appeal stands admitted. Action u/s. 390 of The Cr.P.C. be taken by the Trial Court against respondent no.1 Bhagwan Dashrath Naikwade, by issuing bailable warrant of Rs.10,000/- Application is partly allowed as indicated above. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JAN. 2011/cri.appl.2038-10