1 crapn2036.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2036 OF 2010 The State of Maharashtra, Through Police Station Officer, Police Station, Chakur, Tq. Chakur, Dist. Latur. ...APPLICANT VERSUS 1. Mainabai w/o Bhagwan Bhalerao, Age: 35 years, Occ: Labour, R/o. Hali (Khurd), Taluka Chakur Dist. Latur. 2. Ankush s/o Vishwanath Kamble, Age: 40 years, Occ: Labour, 3. Shivaji s/o Vishwanath Kamble, Age: 32 years, Occ:Labour, 4. Ganesh s/o Vishwanath Kamble, Age: 27 years, Occ: Education, All R/o. Omerga-Bori, Taluka & District Latur. ...RESPONDENTS ... Shri. V.G. Shelke, A.P.P. for applicant-State. Shri. S.J. Salgare, Advocate holding for Smt. S.S. Jadhav, Advocate for respondents. ... CORAM: S.S. SHINDE, J. DATE : 8TH FEBRUARY, 2011 2 crapn2036.10 PER COURT : . Heard learned A.P.P. for the applicant State and learned Counsel appearing for the respondents. 2. The learned A.P.P. invited my attention to the evidence of P.W. Nos. 1 and 2 and submitted that their evidence does disclose that respondent Nos. 1 and 2 - original accused Nos. 1 and 2 were living together and deceased Bhagwan went to take his wife i.e. accused No.1 back. However, Bhagwan was assaulted by accused Nos. 1 and 2. P.W. No.2 who is wife of accused No.2 has also supported the prosecution case. The learned Counsel appearing for the respondents was at pains to submit that there is no any evidence against accused persons and therefore, this Court may reject the application. 3. Upon perusal of the evidence of P.W. Nos.1 and 2 prima facie, this Court is of the 3 crapn2036.10 opinion that the case is made out by prosecution to grant leave to appeal against respondent Nos. 1 and 2 i.e. accused No.1 Mainabai w/o Bhagwan Bhalerao and accused No.2 Ankush s/o Vishwanath Kamble. Therefore, application seeking leave to appeal against respondent Nos. 1 and 2 is allowed. However, the evidence against respondent Nos. 3 and 4 is that seven weeks prior to the date of incident, respondent No.3 Shivaji and respondent No. 4 Ganesh assaulted deceased Bhagwan. In my opinion, said evidence falls short to connect respondent Nos. 3 and 4 with the alleged offence. It is admitted position that the alleged assault is of seven weeks prior to the date of incident. Therefore, the application seeking leave to appeal against respondent Nos. 3 and 4 is rejected. 4. In the result, the application is partly allowed. The application seeking leave to appeal against respondent No. 1 Mainabai w/o Bhagwan Bhalerao and respondent No. 2 Ankush s/o Vishwanath Kamble is granted. Registry is 4 crapn2036.10 directed to register this application as an appeal against respondent Nos.1 and 2. The application in so far as respondent Nos. 3 and 4 is concerned, is rejected. [ S.S. SHINDE, J.] sut/feb11/crapn2036.10