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Judgment
Honourable Mr. Justice Jayant Patel
The present application is for leave to prefer appeal against the judgment and order passed by the learned Sessions Judge in Sessions Case No. 261 of 2011, whereby the accused has been acquitted for the offence under Section- 302 of the Indian Penal Code read with Section- 135(1) of the Bombay Police Act. We have gone through the judgment and the reasons recorded by the learned Sessions Judge. We have also gone through the record of the case. We have also heard the learned APP for the State. It appears that the complainant, who was the prime/star witness has turned hostile and has not supported the case of the prosecution. The panch for discovery of knife has also turned hostile. Even, FSL report also does not support the case of the prosecution for showing the presence of the accused inasmuch as no blood is found from the clothes of the accused nor any blood is found from the knife which is treated to have been used in committing the offence.
Under the circumstances, if the learned Session Judge has taken a view that the prosecution has not been able to prove the case against the accused beyond reasonable doubt, then, the same cannot be said to be erroneous. Under the circumstances, leave does not deserve to be granted, therefore, not granted. Application is Disposed of, accordingly.