1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Revision Application No. 79 of 2008 1. PUNDLIK S/O DEOLAL ARBAT . ADSUL, TQ. TELHARA, DIST. AKOLA .. Petitioner/s VERSUS 1. PURUSHOTTAM S/O NATTHUJI PATHRIKAR & 32 ORS. . MANDBA, TQ. TELHARA, DIST. AKOLA 2. NARENDRA S/O DADARAO PATHRIKAR MANDBA, TQ. TELHARA, DIST. AKOLA 3. PANDURANG S/O BALIRAM PATHRIKAR MANDBA, TQ. TELHARA, DIST. AKOLA 4. PRAMOD S/O MANIKRAO PATHRIKAR MANDBA, TQ. TELHARA, DIST. AKOLA 5. MAHADEORAO CHIKTE (DEAD) MANDBA, TQ. TELHARA, DIST. AKOLA 6. JANRAO GULABRAO PATHRIKAR MANDBA, TQ. TELHARA, DIST. AKOLA 7. SUNIL S/O SOPANRAO WARANKAR MANDBA, TQ. TELHARA, DIST. AKOLA 8. GAJANAN S/O JAGDEORAO CHONDHEKAR 2 MANDBA, TQ. TELHARA, DIST. AKOLA 9. JANKIRAM SHANKAR PATHRIKAR MANDBA, TQ. TELHARA, DIST. AKOLA 10. PRASHANT @ BALKRUSHNA DINKARRAO MOHOD UMRI, TQ. TELHARI, DIST. AKOLA 11. SANTOSH S/O SHIVLAL MOHOD UMRI, TQ. TELHARI, DIST. AKOLA 12. NARENDRA S/O MANIKRAO MOHOD UMRI, TQ. TELHARI, DIST. AKOLA 13. DADARAO @ NARAYAN S/O MAHADEO MOHOD UMRI, TQ. TELHARI, DIST. AKOLA 14. DEVIDAS S/O AMBADAS PATHRIKAR MANBDA, TQ. TELHARA, DIST. AKOLA 15. TEJRAO S/O RAJARAM ZAMRE MANBDA, TQ. TELHARA, DIST. AKOLA 16. GAJANAN SHIRAM PATHRIKAR MANBDA, TQ. TELHARA, DIST. AKOLA 17. VIJAY +SAMADHAN AHIR MANBDA, TQ. TELHARA, DIST. AKOLA 18. SURESH S/O HARIBHAU PATHRIKAR MANBDA, TQ. TELHARA, DIST. AKOLA 19. PARASHRAM S/O BHAURAO PATHRIKAR MANBDA, TQ. TELHARA, DIST. AKOLA 3 20. SHESHRAO VINAYAKRAO PATHRIKAR MANBDA, TQ. TELHARA, DIST. AKOLA 21. SUNIL S/O JANRAO PATHRIKAR UMRI, TQ. TELHARA, DIST AKOLA 22. ARUN S/O SAHEBRAO PATHRIKAR MANBDA, TQ. TELHARA, DIST. AKOLA 23. SAHEBRAO S/O VINAYAKRAO PATHRIKAR MANBDA, TQ. TELHARA, DIST. AKOLA 24. DADARAO S/O MOTIRAM PATHRIKAR MANBDA, TQ. TELHARA, DIST. AKOLA 25. VIJAY S/O SHALIGRAM MOHOD UMRI TQ. TELHARA, DIST. AKOLA 26. SATISH S/O SHALIGRAM MOHOD UMRI TQ. TELHARA, DIST. AKOLA 27. MANIKRAO S/O BHAGWANTRAO MOHOD UMRI TQ. TELHARA, DIST. AKOLA 28. RAJESH S/O ONKAR PACHPOR TELHARA, DIST. AKOLA 29. DADARAO YESHWANT PATHRIKAR MANBDA, TQ. TELHARA, DIST. AKOLA 30. ANIL S/O KISAN KHEDKAR MANBDA, TQ. TELHARA, DIST. AKOLA 31. GOPAL AMBADAS RAUT 4 MANBDA, TQ. TELHARA, DIST. AKOLA 32. STATE OF MAH. THRU. P.S.O. TELHARA TQ. TELHARA, DIST. AKOLA .. Respondent/s ---------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders of directions Court's or Judge's Orders and Registrar's orders. ---------------------------------------------------------------------------------------------------------- Mr. Thakkar, Advocate for applicant Mr. Kale, A.P.P. for non applicant no.33. CORAM:- R. Y. GANOO, J. DATED:- 5 th AUGUST, 2009. 1. The non applicants herein faced trial in the Court of learned Ad hoc Additional Sessions Judge, Akot being Sessions Trial No. 59/2005. The learned Additional Sessions Judge by judgment and order dated 21.01.2008 arrived at a conclusion that on the basis of record, accused nos. 1,2,3,6,7,10, 11, 12, 14, 16, 28 and 30 are required to be convicted and accordingly rendered conviction for the offence as set out in the operative order. Proper sentences were ordered and accused nos. 4, 8, 9, 13, 15, 17 to 25, 27, 29 31 to 32 were acquitted of all the charges. Accused nos. 1,2,3,6,7,8,10,11,12,14,16,26 and 30 were acquitted of charge under Section 294, 325, 506 (ii) of the Indian 5 Penal Code they were also acquitted of the offence under Section 37 (i) read with Section 131 of the Bombay Police Act. Against this order, the applicant has filed the present application. 2. I have perused the impugned judgment and heard learned Advocates for the applicant. The applicant was Prosecution Witness No. 1 and that is why he felt aggrieved by the impugned judgment. I have, with the assistance of learned Advocates for both the sides, perused the impugned judgment. The learned trial Judge has, after going through the entire evidence, fixed the acquittal of a particular accused with reference to a particular act alleged against him and came to the conclusion that those accused against whom there is no evidence, are required to be acquitted. He also came to the conclusion that some accused are to be convicted for certain offences under Indian Penal Code on the basis of evidence with reference to the overt acts and for rest of the offences they were acquitted. Learned trial Judge has passed detailed order in support of his conclusion. I have, with the assistance of learned Advocates for both the sides perused the entire 6 evidence and also considered the submissions. In my view, the learned trial Judge has imposed sentence, keeping in view the facts as well as the nature of allegations. On that count also no interference is required. 3. In my view, the learned trial Judge has carried out correct exercise in attending the rial. Hence, the application is required to be dismissed at the state of admission. Hence, the order. Application is dismissed. JUDGE kahale