1appln-2756-10 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 2756/2010 IN CRIMINAL APPEAL No. /2010 State of Maharashtra vs. Sukhdeo Baburao and others Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Ms M. H.Mhatre, Additional Public Prosecutor for the State. CORAM:- D.D. SINHA AND A.P. BHANGALE, JJ. DATED :- 14th October, 2010. P.C.:- 1. Heard Additional Public Prosecutor for the State. 2. Criminal appeal is directed against the judgment and order dated 17.3.2010 passed by the Additional Sessions Judge, Pune whereby all the respondents-accused came to be acquitted for the offence punishable under Sections 143, 147,148, 302, 323, 324, 325,452 and 427 read with section 149 of the Indian Penal Code. 3. The learned Additional Public Prosecutor submitted that in the instant case PW 2 Bhimabai, PW 3 Ananda and PW 4 Malanbai are eye- witnesses to the incident. It is submitted that in their respective 2appln-2756-10 testimonies they have mentioned regarding the role played by the respondents while committing assault. It is submitted that PW 1 Shivaji and PW 2 Bhimabai are the injured witnesses. It is submitted that Narmadabai died on the spot, however, the probable cause of her death as per the doctor was cardio respiratory failure due to fear. It is submitted that no injures were found on the person of the deceased. It is further contended that all the accused are close relative of each other and on account of sharing of water of the common well, the dispute arose and the respondents committed assault. It is contended that the trial Court in spite of the sufficient evidence available on record disbelieved the same without proper appreciation and therefore, the finding of acquittal recorded by the trial Court is bad in law. 4. We have considered the contentions canvassed by the learned Additional Public Prosecutor and perused the impugned judgment. 5. After considering the evidence on record, the trial Court has observed that as per the evidence of the prosecution about 30 to 40 persons has taken part in the alleged incident of assault. However, the witnesses could mention only six accused persons, namely, Shantaram, Nivrutti, Dattatraya, Fulabai, Sukhdeo and Tulsabai. The evidence is of a general nature, that all these persons were carrying sticks, iron bar and stones. The trial Court in view of the evidence available on record 3appln-2756-10 came to the conclusion that except the six accused persons identity of rest of the 19 accused persons was not established. The prosecution has not conducted test identification parade in order to identity the accused persons. Similarly, all the injuries were simple in nature and can be caused by hard and blunt object. The trial Court, considering the nature of evidence which is of a general type, came to the conclusion that the prosecution failed to bring home the guilt of the respondents for the offences charged including the offence of murder. 6. Considering the totality of the nature of evidence adduced by the prosecution, we are of the view that the findings of acquittal recorded by the trial Court are just and proper, need no interference. Leave to appeal is refused. Application as well as the appeal, both, are dismissed. (D.D.SINHA, J) (A. P. BHANGALE, J)