Cri.Appln.No.3687 of 2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3687 OF 2010 The State of Maharashtra .. Applicant Versus Nivrutti s/o Sahadu Khandare and ors. .. Respondents Mr N.R.Shaikh, A.P.P. applicant CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 3rd December 2010 PER COURT 1. By this application, the applicant challenges the judgment of the Sessions Judge, Parbhani dated 14.6.2010, in Sessions Case No. 90/2009, acquitting the respondents of offences punishable under Section 302, 498-A and 504 read with Sec.34 of the Indian Penal Code. 2. We have heard learned Assistant Public Prosecutor for applicant and we have also perused the record and proceedings called for by this Court. After perusal of record and proceedings, according to us this is a fit case for granting leave insofar as respondent No.1 Nivruti s/o Shahadu Khandare and respondent No.2 Shantabai Nivruti Khandare are concerned. The learned Assistant Public Prosecutor has also pointed out to us that there is no evidence insofar as respondents 3 to 8 are concerned. We have ourselves perused the record and proceedings and Cri.Appln.No.3687 of 2010 2 we have noticed that there is no evidence in respect of respondents 3 to 8. In the dying declaration of deceased Panchasheela implicates only respondents 1 and 2. 3. In that light of the matter, therefore, this application is partly allowed. Leave is granted as against respondents 1 and 2 while this application is dismissed as against respondents 3 to 8. Appeal stands admitted against respondents 1 and 2 only. Action under Section 390 of the Code of Criminal Procedure be taken by the trial Court by issuing bailable warrant of Rs.10,000/- each against respondents 1 and 2. Application is thus partly allowed. ( A.V. POTDAR, J. ) ( P.V. HARDAS, J.) (vvr/3687.2010criappln)