1 appa410.12.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR CRIMINAL APPLICATION (APPA) NO.410 OF 2012 (The State of Maharashtra, through PSO, PS Lakhandur ..vs.. Kailash s/o Mukhran Sondarkar and others) ________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ________________________________________________________________________________________________________________ Mr. T.A. Mirza, Addl.P.P. for the applicant. CORAM : P.V. HARDAS & M.L. TAHALIYANI, JJ. DATED : JUNE 21, 2012. The applicant/State, by this application, questions the correctness of the judgment of the learned Additional Sessions Judge, Bhandara acquitting the non-applicants/accused for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, by judgment dated 15/02/2012 in Sessions Trial No.70/2010. 2. The prosecution principally relied upon the evidence of P.W.3 Mehboob and P.W.5-Idu @ Jahangirkhan. The learned trial Court while appreciating the evidence of these two eye witnesses came to the conclusion that their evidence was self contradictory and no reliance can be placed on the testimony of either of the eye witnesses. The learned trial Court, therefore, came to the conclusion that the non-applicants/accused were entitled to be given the benefit of doubt. 2 appa410.12.odt 3. We have heard the learned Additional Public Prosecutor on behalf of the applicant and we have perused the copies of the evidence of the witnesses. We have also meticulously examined the findings recorded by the learned trial Court. Upon such examination, according to us, the view taken by the learned trial Court is a possible view to be taken on the basis of evidence on record. We do not notice any perversity in the reasoning of the learned trial Court to justify any interference in this appeal against acquittal. Accordingly, this application is dismissed. Leave refused. JUDGE JUDGE pma