-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 610 OF 2001 APPEAL NO. 610 OF 2001 APPEAL NO. 610 OF 2001 The State of Maharashtra. ... Appellant. V/s. Durgalal Magilala Bajari & Ors. ... Respondents. Mr. P.S. Hingorani for the State. None for the Respondents. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & K.U. K.U. K.U. CHANDIWAL,JJ. CHANDIWAL,JJ. CHANDIWAL,JJ. DATE DATE DATE : 03rd JULY, 2008. : 03rd JULY, 2008. : 03rd JULY, 2008. P.C. P.C. P.C. : : : . The learned 5th Ad-hoc Additional Sessions Judge, Pune by his Judgment dated 9.5.2001 acquitted the accused as there was no circumstances which could be put to the accused under Section 313 of Cr.P.C. Only one witness was examined who did not identify the accused. Thereafter, the learned A.P.P. it appears, moved an application for examining 13 witnesses. That application was opposed on behalf of the accused on the ground that they pertains to the different dacoity and has nothing to do with the dacoity in so far as the house of the complainant who had been examined. 2. Considering that there was no material to put to the accused under Section 313 of Cr.P.C. and further as the additional evidence pertains to offence other than committed in the house of the complainant -:2:- and further, as the incident of the year 4.1.2000 and most of the Applicants are not traceable or could not be served, in our opinion, no case is made out. Hence, the Appeal preferred by the State is dismissed. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.) (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)