(1) CRI.APP. 2284.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2284 OF 2010 State of Maharashtra, through : Pradeep Narayan Angule Age : 30 years, Occu.: Business, R/o Jalkot, Tq. Tuljapur, Dist. Osmanabad .. Applicant (Ori. Complainant) VERSUS 1. Genesh Ramchandra Sontakke 2. Sahabuddin Karim Shaikh 3. Govind Vithal Chunge 4. Krishnath Haridas More 5. Arjun Kamlakar Savant 6. Khandu Kashinath Bhoge 7. Anil Kalyanappa Chhatre .. Respondents (Ori. Accused no.1 to 7) Mr. N.H. Borade, APP for the Applicant-State Mr. S.N. Patne, Advocate for the respondents ... CORAM : V.R. KINGAONKAR, J. DATED : 7TH SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application seeking leave to Appeal against judgment of acquittal rendered in Special Case no. 3 of 2009. 2. Heard learned APP and learned Advocate of the respondents. (2) CRI.APP. 2284.2010 3. The respondents were tried before the Special Judge for offence punishable under section 323, 504, 506 r/w. 149 of the Indian Penal Code and under section 3(1)(x) of the S.C. and S.T. (Prevention of Atrocities) Act, 1989. 4. Briefly stated, the case of the prosecution was that on 19.2.2008 at about 9:30 am while complainant PW Pradeep Angule was standing on the road in front of his house, the respondent no.1 Ganesh informed him to visit Office of the Gram Panchayat. He therefore went to the Office of the Gram Panchayat where the respondent no.1 Ganesh was sitting in the chair and the other respondents were sitting by his side. He was insulted by the respondent no.1 Ganesh by calling him as "Chambhardya" and asking him whether he had become arrogant. Simultaneously, respondent no.1 Ganesh dealt fist blows on his nose. The other respondents assaulted him by means of fists and legs. His brother-PW Omprakash rushed there to intervene. They assaulted his brother Omprakash too. (3) CRI.APP. 2284.2010 5. The Special Judge noticed that PW Pradeep and his family members were having several disputes against the respondents in relation to house property. A notice was issued by the Village Panchayat to PW Pradeep and his family members to remove certain encroachment. It appears that PW 4 Bhimashankar turned hostile. He was independent witness to the incident. The Special Judge noticed that only PW Pradeep and his brother Omprakash, who are interested witnesses, admitted to support the case of the prosecution. It has come on record that only minor injuries were found on their person during the course of clinical examination. It was also noticed that PW Pradeep received compensation of Rs.35000/- after filing of the Criminal case under the said enactment. He admitted that previously he had filed a similar complaint and had received compensation. He admitted further that the earlier FIR filed by him was quashed by this Court as it was found to be without substance. It has also come on record that there was Shiv Jayanti programme in the (4) CRI.APP. 2284.2010 Office of Village Panchayat between 9.00 am to 10.00 am. Obviously, other independent witnesses were available but no corroborative evidence was adduced by the prosecution. 6. Considering the background facts and the admissions of PW Pradeep and PW Omprakash, the Special Judge came to the conclusion that they did not inspire confidence. In view of the reasoning of the Special Court, I find it difficult to deviate from the findings of the facts. It is well settled that though some other view would be possible yet in the exercise of appellate jurisdiction, if the view taken by the trial Court is found to be probable, the findings of facts cannot be lightly interferred with. In this view of the matter, leave to Appeal is refused. Application dismissed and the Appeal is disposed of. Sd/- [V.R. KINGAONKAR, J.] arp