1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Application No.2317 of 2009 The State of Maharashtra Applicant Vs. Shankar Dadu Jadhav & anr. Respondents Mr.V.B.Konde-Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & R.Y. GANOO,JJ. November 6, 2009. P.C. 1. Heard Mr.Konde-Deshmukh, the learned APP. This is an application filed under Section 378(3) of Cr.P.C. seeking leave to appeal against the order of acquittal passed by the learned Additional Sessions Judge at Islampur on 7/2/2009 in Sessions Case No.11 of 2007. The respondents were put on trial for the offence punishable under Section 302 read with Section 34 of IPC and the prosecution had examined in all five witnesses and based its case on circumstantial evidence. Though in the investigation stage the prosecution had claimed to have eye witnesses, they were not examined before the Sessions Court. 2 2. We have considered the reasoning set out in support of the order of acquittal on considerations of the evidence of all the witnesses and we are satisfied that the same does not call for any reconsideration at the hands of this Court. 3. Hence leave to appeal is refused and the application is rejected. (R.Y.GANOO,J.) (B.H.MARLAPALLE,J.)