1 APPLN 1011 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1011 OF 2011 The State of Maharashtra .. Applicant. -versus Dnyanu Sukhdeo Pawar and ors .. Respondents. Mrs. V. R. Bhosale, APP for the State. CORAM: R.C. CHAVAN, J. DATED: 16th November, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent, ordered by the learned Judicial Magistrate First Class, Sangola, for offence punishable under Sections 325, 323, 504, 506 read with 34 of the Indian Penal Code. The learned Magistrate held that the complainant's father was a retired Police Sub Inspector. His brother Ramesh was serving as Constable in the police department. The allegation was that on 14.5.2005, at 9.00 a.m. about 70 to 80 persons came to fill up water as water tanker had come to the village. The complainant Prabhakar, Manisha and Sundarabai had gone to fill up water. The trio were injured by the respondents. They stated that the incident was going on for half an hour to one hour. Manisha did not state that Sundarabai's teeth were broken because she was assaulted 2 APPLN 1011 OF 2011 by stone. She states only about fists blows given by accused. Witness stated that all of them first went to the police station to report the matter and thereafter were referred to Medical Officer. However, the record shows that the victims were examined at 1.50 p.m. and report was given at 17.15 hrs. Learned Magistrate held that since the complainant's father was a police officer and his brother was already serving in the police department, they should have known the importance of giving report promptly. Learned Magistrate also observed that the independent witnesses Suresh Dattu Pawar and Baban Krishna Pawar turned hostile. In these circumstances, he refused to believe the interested word of first informant and his family members. It cannot be said that the view taken by the learned Magistrate is improbable or perverse. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)