1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2251 OF 2009 The State of Maharashtra, Through Police Station, Itwara, Nanded. .. Applicant Versus 1. Subhash s/o Mohan Pawar, Age: 27 years,Occ: Labour, R/o. Old Kautha, Tq. & Dist.Nanded. 2. Ravindrasingh s/o Kishansingh Rathod, Age: 19 years, Occ: Labour, r/o. Naginaghat, Nanded. 3. Kailash Jagdish Bidhaniya, Age: 22 years, Occ: Labour, R/o. Old Kautha, Tq. & Dist. Nanded. .. Respondents ... Mr. K.G. Patil, A.P.P. for applicant. ... CORAM : P.V. HARDAS AND A.V. NIRGUDE,JJ. DATE : 4TH NOVEMBER, 2009. PER COURT : . At the outset Mr. K.G. Patil, learned A.P.P. seeks leave to delete respondent No.1, as 2 respondent No. 1 has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has filed Criminal Appeal No. 284/2009. It is pending in this Court. In that light, we grant leave to the applicant for deleting respondent No. 1 at the risk of the applicant. 2. This is an application by which the applicant-State questions the correctness of the acquittal of respondent Nos. 2 and 3 for the offence punishable under Section 302 read with section 34 of the Indian Penal Code. 3. With the assistance of learned A.P.P. we have perused the findings recorded by the trial Court. Prima facie we find that the acquittal of respondent Nos. 2 and 3 cannot be justified. We however hasten to add that this findings is a prima facie findings and should not be construed as any findings on merit. In the light of the matter, therefore, we allow application and 3 grant leave. Application is accordingly allowed. Leave granted. This appeal is admitted. 4. This appeal to be heard alongwith Criminal Appeal No. 284/2009. 5. Action under Section 390 of the Code of Criminal Procedure be initiated by the trial Court by issuing non bailable warrant of Rs. 10,000/- each against the respondents. [ A.V.NIRGUDE, J.] [ P.V. HARDAS, J.] sut/NOV09/crapn2251.09