DATTATRAY AMRUT WAGH Vs. GHANSHAM MAHADEV DHANGAR

JUDGEMENT

(1.) This Revision Application has been filed by the original complainant. The respondents No.1 to 3 are the original accused No.1 to 3. They were charged under section 307 r/w 34 of the I.P.C. for attempting to commit murder of the revision applicant. The learned IVth Assistant Sessions Judge, Thane, acquitted the original accused by his order dated 27th October, 1994, in Sessions Case No.129.1994. None is present on behalf of the petitioner. Mr.Galeria appearing for the State states that no appeal against acquittal has been filed by the State. A perusal of the grounds also shows that the petitioner is seeking reappreciation of the evidence.

(2.) I have carefully perused the impugned judgment. The learned Judge has given categoric finding that the evidence of the Rickshaw driver, who found injured, can at the best be treated as formal in nature. There was no evidence connecting the respondents with the offence. P.W.2 Shantaram Dhangar, whose statement was recorded by P.W.4 Mr.Hase, has not supported the prosecution. In fact, he has stated that he does not know about the incident. This witness has realised from his earlier statement given under Section 164 of the Cr.P.C. Having considered the entire evidence, the accused have been acquitted. I do not find that the judgment of the trial Court suffers from any infirmity or material irregularity. Consequently, the revision application is dismissed, with no order as to costs.