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Bombay High CourtAPEAL/810/2015dismissed

Balaji S/O Maruti Kamble v. The State Of Maharashtra

2016-10-18Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice S.S. Shinde2 pages

810.15appeal FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL APPEAL NO. 810 OF 2015 BALAJI S/O MARUTI KAMBLE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for appellant : Mr.Abhisek B.

Kulkarni (appointed) APP for Respondent/State:Mr.D.R. Kale Advocate for Respondent nos.2 and 3:

Mr.S.S. Panale ...

CORAM: S.S.SHINDE & SANGITRAO S. PATIL, JJ.

Dated: October 18, 2016 ...

Heard the learned counsel appearing for the appellant and the learned A.P.P.

appearing for the Respondent/State.

2.

Perused the findings recorded by the Trial Court and the notes of evidence, which are made available for perusal. It appears that the informant, who was injured did not depose before the trial Court anything against Respondent nos.2

810.15appeal and 3. The Trial Court after considering the evidence of the appellant and also that of the other prosecution witnesses reached to the conclusion that Respondent nos. 2 and 3 have not shared common intention, and therefore, the benefit of doubt is given to the said Respondents.

In that view of the matter, we do not see any reason to admit this appeal. Hence the appeal stands dismissed.

3.

Since, Mr. Abhisek Kulkarni, the learned counsel is appointed to prosecute the cause of the appellant, his fees be paid as per the schedule of fees maintained by the High Court Legal Services Sub-Committee, Aurangabad.

(SANGITRAO S.PATIL, J) (S.S. SHINDE, J) sga/