1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4409/2009 The State of Maharashtra Applicant Vs. Abhishek S.Patil Respondent Mr.Pednekar ,APP CORAM : SMT.RANJANA DESAI, & SMT.MRIDULA BHATKAR,JJ. DATE : 17th FEBRUARY, 2010. P.C. . This Criminal Application for leave to appeal is filed against the judgment and order dated 9/7/2009 passed by the Additional Sessions Judge, Kolhapur . The accused was acquitted of the offences punishable u/s 302 and 307 of the Indian Penal Code . As per the prosecution case the accused in the night intervening 2nd and 3rd April, 2008 killed his grandmother and tried to commit murder of his real brother when they all were sleeping in one bed room . There is no eye witness to the incident of murder and assault. The panchas have turned hostile. Report of the forensic expert 2 regarding the finger prints of the accused and finger prints which were collected from the weapon and the other articles is negative. The other witnesses could not throw light on the involvement of the accused in the commission of offence. Learned Additional Sessions Judge has taken a reasonably possible view and has rightly acquitted the accused for want of sufficient degree of proof. No interference is required in the impugned order. Leave rejected. Application is dismissed. (Smt.Ranjana Desai,J.) (Smt.Mridula Bhatkar,J.)