1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.3215 of 2007 (State of Maharashtra v. Ramkisan Chagga Chemele and 11 others) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri S.S. Doifode, APP for Applicant/State. Shri R.M. Patwardhan, Advocate for Respondents. CORAM : K.J. Rohee & B.P. Dharmadhikari, JJ. DATE : 14th July, 2008 1. Heard the learned APP for the applicant/State, and the learned counsel for the non-applicants. 2. It is alleged that on 4-11-1997, PW 16 Muniram Verma, resident of Ajni, Tah. Kamptee, Distt. Nagpur invited the villagers for celebrating the birthday of his son. PW 1 Deorao Radke, who was a sitting MLA, attended the function along with his followers. The followers of Yadavrao Bhoyar, who was the ex-MLA, also attended the function. It is also alleged there was rivalry between these two groups because of the recent Zilla Parishad elections. In the said function, a quarrel ensued between these two groups, in which PW 1 Deorao Radke and his followers were assaulted with dangerous weapons and were injured by the respondents/accused. After investigation, both the parties were prosecuted. The present respondents were tried for the offences punishable under Sections 147, 148, 149, 307, 2 294 read with Section 149 of the Indian Penal Code and Section 25 of the Arms Act. As the respondents/accused are acquitted, the State has preferred this appeal. 3. The perusal of the impugned judgment shows that several eye- witnesses including those who were alleged to have been injured in the said incident were examined before the Trial Court. The Trial Court disbelieved all of them because of material omissions in their depositions. We find that there is no perversity in the impugned judgment. Thus we are not inclined to grant leave to appeal. 4. Leave to appeal is, therefore, rejected. JUDGE JUDGE Lanjewar