1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 4513 of 2008 IN Criminal Appeal No. 859 of 2008 [State of Mah. Vs. Gajanan Shankar Kodape] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. T.A. Mirza, APP for applicant-appellant. ----- CORAM : A.H. JOSHI AND R.C. CHAVAN, JJ. DATE : 4th February, 2009. 1. Heard learned APP Mr. T.A. Mirza for the applicant-State, and perused the judgment. 2. By the impugned judgment, learned Sessions Court has acquitted the accused of the charge under Section 302 of Indian Penal Code. 3. Perusal of judgment reveals that evidence of prosecution witnesses is contrary to one another. The oral evidence on the points of injuries does not match with the injuries proved by medical evidence. The blood-stained Banian is not proved to be on the person of accused. The recovery of weapons is also not proved. 4. In these premises, the prosecution has failed to co-relate the stray and unmatched pieces of evidence. 2 5. The order of acquittal is, thus, based on reasons which are well founded. 6. Application for leave to appeal has no merit. The same is, therefore, rejected. Judge Judge |Hedau| 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Appeal No. 859 of 2008 [State of Mah. Vs. Gajanan Shankar Kodape] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. T.A. Mirza, APP for applicant-appellant. ----- CORAM : A.H. JOSHI AND R.C. CHAVAN, JJ. DATE : 4th February, 2009. Appeal is dismissed. Judge Judge |Hedau| 4