1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1332 OF 2008 The State of Maharashtra ..Applicant V/s. Uttam Maruti Kharat & ors ..Respondents Mr.Y.M.Nakhawa, A.P.P, for the State None for the respondents CORAM : K.U.CHANDIWAL, J. DATE : 13TH AUGUST, 2008 P.C. . The complainant and eight accused are known to each other residing in the same village. Dada Baba Kharat put the prosecution in motion by lodging F.I.R on 6th May, 2005 vide Crime Registration No.35/2005 against the accused claiming that the accused are his kinsmen and they have common water course for irrigation. However, one of the accused was causing obstruction for taking water and on that count there were quarrels. ON the fateful day at 6.00 A.M when the complainant had gone to the land at that time according to him, 2 accused No.1 and accused No.2 came to him and asked him as to why he took water from the public water course and abused him. And thereafter, brother of accused No.1 came and they started beating him with the hands. In order to establish the case total five witnesses are examined by the prosecution. The injured was examined by the Medical Officer however, the injured did not disclose name of the assailant as accused. That apart, it is canvassed that accused No.3 beaten Dhula Baba Kharat by stone and by stick before him and both of them caused single head injury which fact again is an improvement not to be seen in the F.I.R. In his cross examination P.W.2 would not say as to who amongst the accused beat D.B.Kharat however, he stated there were no other person except himself and his brother on the spot and they do not beat the accused that there is a single injury caused to the accused No.1. Such injuries were proved by the accused. The evidence was discussed by the learned Judge threadbare and the findings of acquittal recorded by him, creating suspicion on the version of prosecution witnesses owing earlier acrimonious 3 relations cannot be said to be erroneous. Hence, leave to appeal is rejected. (K.U.CHANDIWAL, J.)