1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3082 OF 2008 IN CRIMINAL APPEAL NO. ______ OF 2008 DIST.: KOLHAPUR The State of Maharashtra ...Applicant/Appellant Versus Vaiju Shivappa Majukar, and Waman Hitamani Jadhav ... Respondents. Mr. A.S. Gadkari, Additional Public Prosecutor , for the Applicant/Appellant. CORAM: B ILAL NAZKI and A.A. KUMBHAKONI, JJ. DATE: SEPTEMBER 25, 2008 P.C.:- Three persons were prosecuted for offences under Sections 302 read with Section 34 and 120-B of the Indian Penal Code. One of the accused has been convicted under Section 302. The other two have been acquitted. This application is filed for leave to appeal against 2 the acquittal of two accused. 2. We have heard the learned Additional Public Prosecutor, and perused the impugned judgment. The learned Additional Sessions Judge found that there has been some evidence to show that these accused were present at the place of occurrence; and he has also observed that the mere presence of the accused at the place of occurrence would not show their involvement in the murder. The learned Additional Public Prosecutor was unable to show any other circumstance, material or evidence against these accused, who have been acquitted. 3. As such, we do not find any ground to interfere with the lower Court judgment. The application is accordingly dismissed. BILAL NAZKI, J. A.A. KUMBHAKONI, J. 3