1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No.1606 of 2009 . The State of Maharashtra .. Applicant v/s. Vijay Kaka Langade & Others ..Respondents Mrs.M.M.Deshmukh for the State. Mr.Kuldeep Patil for the Respondents CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATED : 9th December, 2009 P.C. : 1. Heard Mrs. Deshmukh, learned APP. 2. This is an application filed under Section 378(3) of Cr.P.C. for leave to appeal against the order of acquittal passed in Sessions Case No.246 of 2005 by the learned Addl. Sessions Judge at Sangli on 19.12.2008. In the said case 8 respondent accused were put on trial for the offences punishable under Section 143, 147, 148, 149, 323, 325, 326, 307 and 302 of IPC. As per the prosecution on 1.7.2005 the accused formed an unlawful assembly 2 and committed murder of Tukaram who was the complainant’s nephew (sisters son) and had also injured the complainant as well as the other members of his group. The prosecution examined in all 11 witnesses and claimed P.W.1 and P.W.7 as eye witnesses. In addition two doctors came to be examined i.e. Dr. Uttam N. Padalkar and Dr. Sangita Ramrao Gurav. Though the post mortem report was placed on record, the doctor who conducted the post mortem was not examined by the prosecution presumably on the ground that the post mortem report was admitted by the police. As per the post mortem report the cause of death of Tukaram was “Coma due to fracture of occipital bone on left lower side with massive intra-cranial hemorrhage over right fronto-parietal region associated with broncho pneumonia and pneumonic path over right lung basal lobe”. The medical certificates regarding the injuries sustained by the eye witnesses as well as the deceased were before the trial court and all of them were termed as simple injuries. Though Sukhdeo Dadu Awale was claimed to be injured in the incident, he was not examined by the prosecution. 3. The learned Judge of the trial Court noted that the evidence adduced by the prosecution was not consistent. Though the eye witness had claimed that sharp edged weapon like axe were used in the assault, the medical 3 certificate belied these allegations. Dr. Padalkar, P.W.5 admitted that incise wounds were not noted. The said witness also admitted that all the patients were brought by one Shri Sharad Patil of Village Kargani and was the political figure and the member of the village panchayat. The trial court, therefore, in appreciation of their defence held that prosecution failed to prove the charge of unlawful assembly armed with weapons and that the medical evidence need did not support their contentions that the deceased as well as the injured eye witnesses had suffered injuries on account of sharp edged weapon. In our opinion, order of acquittal is well reasoned and therefore follows no reconsideration at the hands of this court. 4. Hence leave to appeal is hereby refused and the application is rejected. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]