8-ALSST-23309-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL(STATE) (ST) NO. 23309 OF 2024 WITH INTERIM APPLICATION NO. 5197 OF 2024 State of Maharashtra ...Applicant. Versus Rameshanna Sidramappa Patil ...Respondent. —————— Mr. Anand S. Shalgaonkar, APP, for the Applicant-State. Mr. Priyal Sarda with Mr. Ritesh Thobde & Mr. Omkar Bajaj, for the Respondent. Ms. Ratna Sapkale, Police Inspector, CID, Pune is present. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : September 24, 2026. P. C. : 1. This is an application for leave to appeal by the State against the Judgment and order dated 16th February 2024 passed by the learned Additional Sessions Judge, Solapur in Session Case No.277 of 2023. 2. It is submitted by learned APP for the Respondent-State that the learned trial Court has committed an error in appreciating the evidence on record and, therefore, this Application for leave to appeal. He submits that one of the co-accused-Pradeep has given confession, which should have been considered by the learned trial Court. He fairly Gaikwad RD 1 of 5 8-ALSST-23309-2024.doc submits that the co-accused, who were tried and convicted by the learned trial Court, came to be acquitted by this Court in Criminal Appeal No.318, 325 and 335 of 2020 by Judgment and Order dated 23rd August 2022. 3. It is submitted by learned counsel for the Respondent that, none of the witnesses examined by the prosecution has supported the case. The learned trial Court has appreciated the evidence on record and passed the order of acquittal. He submits that the role attributed to the Respondents is that of conspirator. He further submits that, the actual assailant are acquitted by this Court in the aforesaid appeal. 4. The prosecution case as seen from the Judgment of this Court in the aforesaid criminal appeal is reproduced below : “It is the prosecution case that on 13th October 2014, the informant-Shivling Shankar Parshetti had gone to Solapur on an Activa Motorcycle bearing No. MH-13/BC-5556, belonging to Gurunath Jagdev Katare (deceased). At about 4:00 p.m, the informant met Gurunath (deceased) and Santosh Reddy near Lokmangal Bank, Solapur. Gurunath (deceased) is stated to have told the informant to accompany him to his field. Accordingly, both, are stated to have gone to the field and returned at about 6:30 p.m, near Lokmangal Bank. It is further the prosecution case, that they Gaikwad RD 2 of 5 8-ALSST-23309-2024.doc went near Nabilal Nadaf Canteen at Gharkul Chowk, Santosh Tirshetti, Lingu Birajdar and Sidharam Zagalghante from Village Kumbhaji came there; and that they all had tea and discussed about the election. According to the prosecution, at about 10:00 p.m, the informant and Gurunath (deceased) proceeded towards their houses on Activa; that Nabilal Nadaf followed them on the motorcycle; that while they were proceeding on the kachcha road, near Macheli Spinning Mills, three persons came from the opposite side; that one of the said person was wearing black pant and white shirt, had wrapped his face with a black cloth and was having a sword in his hand; that the other two persons were standing behind him; that the person having a sword came running towards the informant and Gurunath (deceased); that while attempting to escape, the vehicle slipped and the informant and Gurunath (deceased) fell down; that the informant, in the headlights of the Activa and motorcycle, saw that all the assailants were having swords and that they were assaulting Gurunath (deceased) and Nabilal Nadaf with the said swords; that the informant ran towards the house of Gurunath (deceased), which was about half a kilometer away from the spot, and informed the family members about the said assault; that, on Gaikwad RD 3 of 5 8-ALSST-23309-2024.doc hearing the same, the informant and others rushed towards the spot of incident and found Gurunath (deceased) and Nabilal Nadaf lying in an injured condition. Both the injured were shifted to Solapur Hospital. It appears, that when the informant, with his other friend Ravi, went to the hospital, they learnt that Gurunath Katare had succumbed to the injuries. The informant, thereafter, lodged a report on 13th October 2014 with the Valsang Police Station. On the basis of the report, C.R.No.160/2014 was registered for the alleged offences punishable under Sections 302 and 307 r/w 34 of the Indian Penal Code and under Section 135 of the Maharashtra Police act, against three unknown persons. Investigation commenced. Thereafter, investigation was transferred to State CID. During investigation, 10 mobile numbers were intercepted. On the basis of the same, i.e. conversation, the involvement of present appellants in the offence, was revealed. Pursuant to which, the appellants were arrested and weapons were recovered at the instance of the appellants. Confessional statement of accused No.3-Pradeep @ Deepak Mathpati was recorded before the Judicial Magistrate. After completion of investigation, charge-sheet was filed against the appellants in the Court of Judicial Magistrate, First Gaikwad RD 4 of 5 8-ALSST-23309-2024.doc Class, Akkalkot. As the offence under Section 302 of the Indian Penal Code, was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions, for trial.” 5. As regard the contention made by learned APP in respect of the confession by Pradeep, the observation in paragraph Nos. 32 to 35 shows that the learned trial Court has considered the said peace of material. The observation in the Judgment by the learned trial Court shows that, it has considered the evidence available on record and observed that there was no evidence on record to establish the offence punishable under Section 120B of the Indian Penal Code against the Respondents. Undisputedly, the co-accused to whom the role of assault was attributed, were tried and came to be acquitted by this Court in the aforesaid appeal. In this view of the matter we find no ground to grant leave to appeal. Hence, the order ORDER i) The Application for leave to appeal against acquittal is dismissed. ii) Consequently, the interim application does not survive and stands disposed of. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Gaikwad RD 5 of 5 RAJU DATTATRAYA GAIKWAD Digitally signed by RAJU DATTATRAYA GAIKWAD Date: 2026.09.28 10:17:57 +0530