1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Appeal No. 78 of 2009 [State of Mah. Vs. Chatur Vithobaji Mohurle & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.B. Ahiarkar, APP for appellant. ----- CORAM : A.H. JOSHI AND R.C. CHAVAN, JJ. DATE : 06th March, 2009. 1. This is an appeal preferred by the State against the Judgment and Order dated 21st October, 2008 passed by the learned Ad Hoc Additional Sessions Judge-1, Chandrapur, acquitting the respondents-accused of the offence punishable under Sections 307, 324 and 341, read with Section 34 of Indian Penal Code. 2. Heard learned APP Mr. S.B. Ahirkar for the Appellant-State. Perused the record. 3. It is seen that the incident, subject- matter, of attempt to murder, causing grievous hurt and wrongful confinement had occurred in a bus. 4. All that is noted by the learned Sessions Judge is that the driver of the bus, 2 who was very well available as a witness, was not examined. This apart, versions of other witnesses, namely [a] PW 1-Prashant Dhote, [b] PW 2 – Anandrao Shende, and [c] PW 4 – Maroti Chitade, do not inspire confidence. 5. When the evidence brought on record admitted two views, one which is possible and favourable to accused has been taken. 6. In these circumstances, the Judgment and order based on such conclusions cannot be regarded as erroneous, much less perverse or otherwise illegal. 7. Appeal has, thus, no merit, and is dismissed. Judge Judge |Hedau|