1 appln 5121 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5121 OF 2010 The State of Maharashtra .. Applicant -versus Gunda Balu Ingawale .. Respondent. Mr. S.A. Shaikh, for the APP for applicant State. Mr. Ganesh Gole, for the Respondent No.1 CORAM: R.C. CHAVAN, J. DATED: 6th June, 2011 P.C. 1. This is an application for leave to appeal against the appellate judgment. The Additional Sessions Judge Kolhapur, set aside the order of conviction of respondent No.3 for the offence punisbale under Section 324 of the Indian Penal Code recorded by the learned Judicial Magistrate First Class, 21st Court, Kolhapur. Learned Magistrate had acquitted two other co-accused finding the evidence about their complicity unreliable. Learned Magistrate, however, held respondent No. 3 Gunda Balu Ingawale guilty for offence punishable under Section 324 of th Indian Penal Code, holding that Gunda Ingawale had caused injury to P.W.-3, Sajakka by a stick. Learned Additional Sessions Judge found first that though P.W. Nos 1 to 4 have elaborately stated about assault by each of the accused but they did not state about any injury caused to 2 appln 5121 of 2010 them due to blows by wooden stick. P.W.2 Eknath Ingawale had not uttered a single word about injury sustained by him with wooden stick. Learned Judge also found that there was no medical certificate in respect of injury sustained by any of the victims. Medical Officer was not examined. She also found that the allegations about injury by wooden stick were improvements and were not to be found in the statement recorded under section 161 of the Criminal Procedure Code. It cannot be said that the view taken by the learned Additional Sessions Judge is thoroughly unsustainable or perverse, calling for any interference by this Court. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)