1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO. 914/2010 ( State of Maharashtra through PSO PS Pauni .vs. Dnyaneshwar @ Nana s/o Narayan Mendhe ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.S. Doifode, APP for Applicant. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 04, 2011 Heard. By the present application, the prosecution has sought leave under Section 378 (3) of Cr.P.C. for preferring an appeal against the judgment and order dated 24.8.2010 passed by the learned Additional Sessions Judge, Bhandara in Sessions Trial No. 76/2009 acquitting 23 accused of the charge of having committed the offences under sections 143, 147, 148, 452, 427, 436, 338 read with 149 of IPC. By the judgment appealed the trial Court has come to the conclusion that the prosecution has failed to establish guilt of the respondents for commission of such offences. Though the learned APP strenuously argued 2 that the evidence of eye witnesses PW1, PW5 and PW9 reveals involvement of some of the respondents in commission of offences, the trial Court did not appreciate their evidence properly and erroneously came to the conclusion of the acts, whose complicity was spoken by said witnesses, has not been established by the said evidence. After careful perusal of the judgment appealed, the said submission cannot be accepted and particularly after taking into consideration reasons recorded in paragraphs no. 30 and 31 of the judgment appealed as the trial Court after appreciation of the evidence has come to the conclusion that the circumstantial evidence on the record does not tally with the ocular evidence. The ocular evidence was vague. The trial Court has categorically observed that the evidence of PW1 complainant is full of exaggeration and contradictory. The trial Court has also observed that in spite of incident having taken place in a village, no independent witnesses were examined by the prosecution. The careful perusal of the judgment appealed does not reveal a circumstance for inferring that the evidence of the witnesses was not properly appreciated by the trial Court or the findings arrived were either perverse or based upon the extraneous record. The evidence of said witnesses fails to depict the overt acts committed by the said persons. In view of the same, the view taken by the trial Court being a probable view, 3 findings arrived cannot be faulted nor interference is called for about same. Hence leave is refused. Application preferred and consequently appeal stands dismissed. JUDGE halwai