(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.1829 OF 2008 The State of Maharashtara ..Applicant Versus Nagnath Anna Dhere ..Responent Mrs. M.M. Deshmukh, APP for Applicant. None for respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. DATED: 17th October, 2008 DATED: 17th October, 2008 DATED: 17th October, 2008 P.C.: P.C.: P.C.: . This is an application for leave to appeal against the order dated 8th January, 2008 passed by the Sessions Court, Solapur in Sessions Case No.154 of 2007. The respondents were charged with the offence punishable under Sections 436, 429 and 427 of the I.P.C. The case rested entirely on the testimony of the evidence of P.W.2-Sandipan Ambadas Lawate and LP.W.3-Mallikarjun Sandipan Lawate, father and son. Only Sandipan Lavate was examined. In his examination in chief he stated that "He along with his son had seen accused while running towards his house." The learned Judge has further observed as under:- (-2-) The further version of this witness that he had seen the accused while running in the light of fire is an omission amounting to contradiction in his complaint." The entire case is based on the fact that the complainant P.W.2 and P.W.3 had seen the respondents running from the scene of offence. If this version is considered we find no reason as to why the order of the learned Sessions Judge ought to be interfered with. There is also evidence on record that there were previous disputes and that the respondent had purchased some other land for a sum of Rs.6.00 lakhs. In our opinion, considering the evidence on record and considering that this is a case of acquittal this would not be a fit case for grant leave. Hence application for leave to appeal is rejected. (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)