-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 2418 OF 2008 IN CRIMINAL APPEAL NO. 387 OF 2008 ( State of Maharashtra vs. Bhavansundar Sukhdeorao Wankhede & Ors. ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- Shri Y.B. Mandpe, APP for the applicant – State. ...... CORAM : K.J. ROHEE & B.P.DHARMADHIKARI, JJ. JULY 30, 2008. 1. Heard the learned APP for the applicant. 2. It is alleged that on 09.06.2006 at about 10 A.M., Namdeo Nidan Wankhede was assaulted by one Vikram Kukde with knife at the Bus Stop and at that time Accused Nos. 1, 2 & 3 were present. As soon as Vikram Kukde fled away, Accused Nos. 1, 2 & 3 also followed him. PW-6 Ramesh Wankhede is the eye witness whose evidence is only against Vikram Kukde and not against any of the accused persons. PW-7 Rahul Namdeo Wankhede is the son of the deceased who arrived there from another place and saw the alleged assault. He, however, said that Accused Nos. 1, -2- 2 & 3 beat his father. 3. Apparently, there is variance between the testimony of PW-6 Ramesh Wankhede and PW-7 Rahul Wankhede and in fact there is no evidence against the present accused persons, involving them in the alleged assault on Namdeo Wankhede. 4. Thus, prima facie there appears to be no perversity in the impugned judgment and hence leave to file appeal is rejected. JUDGE JUDGE *GS