1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.218 OF 2006 Smt. Rohini w/o Laxman Datir, age 29 years, occu. Household, r/o Ganore, Tq. Akole, Dist. Ahmednagar. ...REVISION PETITIONER VERSUS 1. The State of Maharashtra. and other 5. ...RESPONDENTS ... Mr. Rajendra D.Bhalerao, Adv., for the revision petitioner. Mr. P.M.Shinde, A.P.P., for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 3/8/2009 ... P.C.:- 1. Heard Mr. Bhalerao, Counsel for the complainant, extensively. By reading the judgment under challenge dt.13.4.2006, acquitting the respondents for an offense under Sections 143, 147, 323, 504, 506 and 306 read with Section 149 of IPC, 2 the Counsel would contend that the appreciation of evidence by the learned Judge is not in terms of the evidence and it is more leaning to the surmises. 2. The death note placed by the deceased was verified by examination of handwriting expert and it was established to be of the deceased Laxman only who died on 11.8.2002. 3. The five witnesses have, at their respective levels, implicated the accused. Somnath, Sarika and Rohini contended to be eye witnesses to the events of rioting in which Laxman, apart from Rohini, were assaulted. 4. With all said and done, these aspects, to which broad reference was given by the learned Counsel, loses its further significance to be further investigated in the light of the judgment of this Court dt.2nd Feb.,2009, in Criminal Appeal No.765/2006 wherein the State appeal against acquittal has been negatived and the acquittal is held to be proper and it was confirmed. This Court appreciated the facts and also the law to reach a conclusion of confirming the acquittal. In the revisional jurisdiction, that scope is now not left as the law is also dealt with in the order of the appellate Court. 3 . Consequently, the Criminal Revision Application is dismissed. (K.U.CHANDIWAL) JUDGE agp/218-06crra