1 Appln 4304-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4304 OF 2010 The State of Maharashtra .Applicant V/s. Mugutrao Manohar Hanbar & anr. .Respondents Mrs.M.M.Deshmukh, APP, for the Applicant - State None for the Respondents CORAM : R.C.CHAVAN, J. DATE : 5TH AUGUST, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an appeal against Judgment of acquittal of the respondents for the offences punishable under Sections 447, 427 & 506 read with Section 34 of the Indian Penal Code recorded by the learned Judicial Magistrate F. C., Karad. In the two and half page reasons for the Judgment given by the learned Magistrate 2 Appln 4304-2010 two Sections 427 & 447 of the Indian Penal Code have been quoted. The learned Magistrate has observed that since one Civil Suit in respect of the land in question was pending, it was unsafe to rely on the evidence of interested witnesses. He has ignored the fact that in the Civil Suit the claim of the accused to have been in possession of the land had been negatived and even an appeal preferred by the appellant before the District Court came to be dismissed. These documents are on the record of the trial Court. The learned Magistrate went on to observe that the person who was engaged by the accused to plough the land would have been an independent witness, who has not been examined. As to how a person has been engaged by the accused was expected by the learned Magistrate to be an independent witness is the something which the learned Magistrate alone may know. Considering the nature of appreciation of evidence by the learned Magistrate, leave 3 Appln 4304-2010 granted. 3. Admit. 4. Call for R & P. 5. Action under Section 390. (R.C.CHAVAN, J.)