1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2897 OF 2008 The State of Maharashtra ...Applicant Versus Pandharinath Damodar Bhoir & Ors. ... Respondents. Mrs. P.H. Kantharia, Additional Public Prosecutor, for the Applicant. CORAM: B ILAL NAZKI and ANOOP V. MOHTA, JJ. DATE: JANUARY 12, 2009 P.C.:- This is an application praying for leave to file an appeal against the acquittal of the accused persons in Sessions Case No. 161 of 2007. 2. It appears that the prosecution story was that on 7th March, 2006, there had been a road accident, and when Shri Sanjay Shankarrao Jagtap, P.S.I., visited the site of the accident at about 9 p.m., he found that one person, Vikas Yashwant Gharat, of Village Saravali, had died in an accident, and about 150 to 200 persons were present on the spot. The police had seized the trailer, which was allegedly responsible for the accident, and had taken into custody the 2 driver. The persons, who had gathered at the place of occurrence, were shouting and demanding that police should hand over the trailer to the crowd, so that it would be put on fire. They also demanded that the driver be handed over to the crowd, so that he would be killed. Then, additional force was called from the police station to protect the driver and the trailer. Thereafter, the dispute started, and according to the police, these persons were present and formed an unlawful assembly, and attacked the police personnel. No identification parade was done, and even the Investigating Officer was not able to identify the accused, who were 49. 3. On the basis of the evidence recorded by the learned trial Judge, he came to the conclusion that there was not any evidence produced before him, which would show that the accused persons were part of an unlawful assembly, and as such, he acquitted the accused. 4. We do not find any ground to interfere with the conclusions arrived at by the trial Court. Leave refused. Application is dismissed. BILAL NAZKI, J. ANOOP V. MOHTA, J.