APPLN. 885-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 885 OF 2011 The State of Maharashtra ... Applicant Vs. Firoj Vahab Deshmukh & Ors. ... Respondents *** Dr. F. R. Shaikh, APP, for the Applicant. *** CORAM : V. M. KANADE, & A. M. THIPSAY, JJ. DATE : SEPTEMBER 7, 2011 PC: 1. Heard the learned counsel appearing on behalf of the applicant-State. The State has filed the application for leave to appeal challenging the judgment and order passed by the Ad-hoc Additional Sessions Judge, Malegaon, dated 6th April, 2011. By the said order, the learned trial court was pleased to acquit the respondents of the offences punishable under Section 302 read with Sec. 34, 324 read with S. 34, Sec. 326 read with S. 34 of the I. P. Code. 2. The learned APP has taken us through the impugned judgment and order and notes of evidence, annexed to the application. Admittedly, there are no eye witnesses to the said incident. The only APPLN. 885-11 - 2 - material which is on record is recovery of sword at the instance of some of the accused. In our view, the Sessions Court has correctly held that circumstantial evidence against the accused is not sufficient to prove the charges against the accused beyond reasonable doubt. In cases where the applications are filed for leave to appeal, it is quite well settled that this Court while exercising its jurisdiction under S. 378 Cr. P.C. is not expected to substitute its own view to the view which is taken by the trial court, unless the finding recorded by the trial court is perverse. In the present case, we do not find any infirmity in the impugned judgment and order passed by the trial court. Hence, the prayer for leave to appeal is refused. Criminal application is, therefore, rejected and is accordingly disposed of. Consequently, the criminal appeal does not survive. [ A. M. THIPSAY, J.] [ V. M. KANADE, J.]