IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1779 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 The State of Maharashtra .... Applicant Vs. Vikrant Babu Rathod & Ors. .... Respondents Shri F.R. Shaikh, APP, for the Applicant/ Appellant. Shri Manish Mazgaonkar for the Respondent No.2. Shri R.S. Dubey for the Respondent Nos.4 & 6. CORAM: CORAM: CORAM: R.M.S. KHANDEPARKAR & A.A. SAYED, JJ. DATED: DATED: DATED: NOVEMBER 19, 2007 P.C: P.C: P.C: Heard. On perusal of the impugned Judgment, prima facie it is apparent that the testimony of one of the panchas has been discarded merely because that panch had turned hostile whereas the testimony of one of the eye-witnesses (PW-4) is discarded solely on the basis of failure on the part of the other eye-witnesses to refer to the presence of PW-4 at site, without analysing the testimony of PW-4 independently. Prima facie, therefore, the matter requires consideration. The application is allowed. Leave to appeal granted. The Appeal stands admitted. Action under Section 390 of the Cr.P.C. to follow. The application stands disposed of. (A.A. Sayed, J.) (R.M.S.Khandeparkar, J.) sjs/N7ca1779.7 sjs/N7ca1779.7 sjs/N7ca1779.7