1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPA NO.93/2010 (The State of Maharashtra .vrs. Bhimrao Marotrao Motghare) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : MARCH 04, 2010. Heard Mr. T.A. Mirza, learned APP for the applicant/appellant and Mr. P.V. Navlani, Advocate for the respondent/accused. By this application the applicant seeks leave to appeal against the judgment and order of acquittal dated 10.6.2009 passed by the Sessions Judge, Amravati in Sessions Case No.143/2008 acquitting the respondent for the offence punishable under Section 302 of the Indian Penal Code. The respondent was charged for having committed murder of Tulshiram on 22.5.2008 by inflicting blow of iron rod on the head of the deceased. Mr. Mirza, learned APP submits that the evidence of PW3 Bhaurao and PW6 Rahul has not been appreciated by the trial court in correct perspective and their evidence clearly establishes the complicity of respondent in the crime. Mr. Mirza further submits that 2 the discovery of iron rod with blood of ‘AB’ group which was the blood group of deceased at the instance of the respondent has not been even considered by the trial court. Mr. Mirza, therefore, submits that the impugned judgment and order deserves to be set aside. Having regard to the submissions made by the learned APP, we find that the matter requires consideration. Hence leave to appeal against the judgment and order passed by the Sessions Judge, Amravati in Sessions Case No.143/2008 is granted. Appeal be registered. Appeal stands admitted. Action under Section 390 of the Code of Criminal Procedure to follow. The respondent/accused shall be released upon executing bail bond in the sum of Rs.10,000/- (Rs. Ten thousand only) with one surety in the like amount to the satisfaction of the trial court. JUDGE JUDGE GULANDE