IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2933 OF 2008 CRIMINAL APPLICATION NO. 2933 OF 2008 CRIMINAL APPLICATION NO. 2933 OF 2008 Rafique Md.Miya Kazi ..Applicant/ Orig.Complainant vs. Laxman Manohar Waghmare & Ors. ...Respondents/ Accused Nos.1 to 5 Ms.Priyal G. Sarda for the Applicant. Mr.S.S. Shah for Respondent Nos.1 to 5. Mr.P.A. Pol, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 20, 2008 DATED : OCTOBER 20, 2008 DATED : OCTOBER 20, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and the respondents. 2. The trial court has acquitted the respondents-accused of the offences punishable under Sections 323, 324 read with 506 and 34 of the IPC. 3. It is the case of the complainant that all the accused assaulted him with bricks and as a result, he sustained 8 injuries. The complainant has examined himself and his brother-in-law in support of his case - 2 - and also the Medical Officer has been examined. It was stated that the complainant had sustained 8 injuries on his person. The trial court has not accepted the evidence of his brother-in-law on the ground that he is an interested witness. The trial court has further drawn adverse inference against the complainant since he has not examined his wife and son who had witnessed the said incident. Further the trial court has observed that the complainant had not examined any independent witness though the incident had happened in a broad daylight and in present of number of persons who were staying in the said locality. 4. In my view, prima facie case is made out for grant of leave. The Medical Certificate clearly discloses that the complainant had sustained about 8 injuries. The complainant in his evidence stated that the accused had assaulted him. 5. Leave, therefore, is granted. Appeal is admitted. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)