IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.867 of 2007 The State of Maharashtra .. .. Applicant (Orig.Complainant) v/s. 1. Bipinkumar @ Shiva Bholakant & anr. .. Respondents (Orig.Accu.Nos.1 & 2) Mrs.M.M. Deshmukh, APP for Applicant/State. ---- CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 20th July,2009 P.C. : 1.Heard Mrs.Deshmukh, learned Assistant Public Prosecutor. 2.In Sessions Case No.137 of 2006, both the accused came to be acquitted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and hence, the order of acquittal dated 30.11.2006 is sought to be challenged by the State. 3.By this Application, the State seeks leave to appeal under Section 378(3) of the Code of Criminal Procedure. 4.Leave granted. 5.Appeal is admitted. 6.Action under Section 390 of Criminal Procedure Code to be taken by the trial Court. [SMT.ROSHAN DALVI, J] [B.H. MARLAPALLE, J.]