((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1890 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 The State of Maharashtra Applicant versus Sachin @ Vikram Haridas Kamble and others Respondents Mrs.S.D.Shinde, APP for applicant. CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 21st October 2008 PC : 1. The State is aggrieved by the judgement of the learned Ad-hoc Additional Sessions Judge-11, Pune dated 23rd January 2008 whereby the accused have been acquitted of the offence punishable under section 307 of the Indian Penal Code. 2. The prosecution has examined Dr.Pankaj Ashok Kasar who had examined the three victims/injured witnesses. In his evidence, Dr.Pankaj Kasar (PW-9) has deposed that on examination of Ganesh Uttam Kamble he noticed C.L.W. 3x3 c.m. to his right leg and abrasion to right ankle and accordingly he issued certificate vide Exhibit-33. It is further set ((-2-)) out that the injury caused to victim Ganesh is possible through fire from gun. The injury caused to the victim was on the right let. In our opinion, this would not bring the case within Section 307 of the IPC.. 3. The other witness examined is Ambadas Kamble (PW-9) who had seven injuries. Insofar as head injury is concerned, it was of the size 3x3 c.m. over left frontal bone. Insofar as this witness is concerned, Doctor Pankaj has stated that the injuries can be possible in scuffling except injury no.4 which can be possible if somebody is beaten by the backside wooden cover of the gun. Injury no.4 was to the left ring finger. In respect of third person who was assaulted Sham Dahiphal, Dr.Pankaj could not depose in the absence of the papers. 4. Considering the above, in our opinion, the findings reached by the learned Sessions Judge that no case has been made out u/s 307 of the I.P.C. cannot be found fault with. In the light of the above, the application for leave is rejected. ((-3-)) (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.519 OF 2008 The State of Maharashtra Applicant versus Sachin @ Vikram Haridas Kamble and others Respondents Mrs.S.D.Shinde, APP for applicant. CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 16th October 2008 PC : 1. This is an appeal for the enhancement of the sentence. The accused have been convicted for the offences punishable under section 324 r/w Section 34 of the IPC and sentenced for a period of one year and to pay a fine of Rs.200/- each in default of payment of fine 15 days imprisonment. 2. Learned APP informs us that the appeal filed by the accused against conviction u/s 324 r/w 34 of IPC has been admitted and numbered as Criminal Appeal No.315 of 2008. ((-4-)) 3. Admit. 4. To be heard along with Criminal Appeal No.315 of 2008. (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.)