vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1329 OF 2005 IN CRIMINAL APPEAL NO.102 OF 2004 CRIMINAL APPEAL NO.102 OF 2004 CRIMINAL APPEAL NO.102 OF 2004 The State of Maharashtra ... Appellant V/s. Dattatraya Vitthal Jagadale ... Respondent Dr.F.R. Shaikh, APP, for Appellant Mr.S.S. Salunkhe for Respondent CORAM: D.G. DESHPANDE & D.G. DESHPANDE & D.G. DESHPANDE & SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, JJ. JJ. JJ. DATED: APRIL 16, 2007 APRIL 16, 2007 APRIL 16, 2007 P.C.: P.C.: P.C.: . Heard the learned A.P.P. and the advocate for the accused. The present respondent accused is accused No.2. He is acquitted of the offence of murder by the trial Court. Accused No.1 has filed a separate appeal against his conviction. The present appeal is filed by the State challenging the acquittal. According to the case of the prosecution, both these accused assaulted the deceased with Koyta and stick. The trial Court found from the evidence of the medical officer that all the injuries on the person of the deceased were by Koyta. All of them were incised wounds. Koyta was recovered at the instance of the accused No.1. There is no injury of the stick and no other role is attributed to the stick. Therefore, no interference is required. Application for leave rejected. (D.G. DESHPANDE, J.) : 2 : (SMT.NISHITA MHATRE, J.)