1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2754 OF 2008 The State of Maharashtra. ...Applicant. Vs. Parashuram Narayan Shinde. ...Respondent. .... Dr. F.R. Shaikh, APP for the Petitioner. None for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & F.M. REIS, JJ. April 4, 2009. P.C. : This is an application by the State for leave under Section 378(3) of the Code of Criminal Procedure, 1973. The Respondent has been acquitted of the charge that he has committed an offence punishable under Section 302 of the Penal Code. The Learned Trial Judge has noted that the evidence of PW 13, the Medical Officer was categorical and that the witness has stated that the injuries which were mentioned in the certificate at Senial Nos.1, 5 and 6 were not possible by means of the stone 2 (Article 7) which according to the prosecution was the instrument of murder. That apart, the evidence of PW 5 who is alleged to have last seen the accused and the deceased together has been disbelieved both on the ground that PW 5 was not a witness of truth and that the spot where the witness had allegedly seen the deceased with the accused was at a distance of nearly 200 to 250 feet where there was insufficient electricity and light. The case entirely rested on circumstantial evidence and the Learned Trial Judge observed that an important link in the chain was also missing since Shankar Khanna who is alleged to have informed PW 5 that the deceased was lying in an injured condition near the bridge was not examined. PW 5 has, in fact, been manufacturing and transporting illicit liquor and the Learned Trial Judge has held that it is unsafe to rely on his version. The recovery has also been disbelieved. The judgment of acquittal is based on cogent material and on an appreciation of evidence on record. In these circumstances, no case has been made out for the grant of leave. The application is rejected. 3 Dr.D.Y. CHANDRACHUD, J. F.M. REIS, J.