1 Appln 2935-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2935 OF 2010 The State of Maharashtra .Applicant V/s. Gopal Nivrutti Mate & ors .Respondents Mr.S.A.Shaikh, APP, for the Applicant - State None for the Respondents CORAM : R.C.CHAVAN, J. DATE : 11TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. This is an application for leave to file an Appeal against order of acquittal of the respondents ordered by the learned Additional Sessions Judge, Pune for the offences punishable under Sections 143, 147, 148, 323, 504, 506 read with Section 149 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act & under Section 7(1)(d) of the Protection of Civil Rights Act. The learned Judge rightly held that the evidence does not show as to which of the 2 Appln 2935-2010 accused persons uttered what caste based abuses. The witnesses state that all the accused persons uttered such abuses and gave a divergent account of the words uttered by Gopal Mate, to whom utterances are specifically attributed. The learned Judge also found that the witnesses have given a highly exaggerated account of the assault which was not in consonance with the medical evidence placed on record. He also noted that on the same day at the same time the accused had also filed a complaint about assault by Sandeep Sonawane and Smt. Hirabai Sonawane for which they were tried by the learned Additional Sessions Judge. Considering the nature of discrepant evidence, it cannot be said that view taken by the learned Judge was perverse or improbable. Leave refused. Appeal dismissed. 2. Criminal Application is disposed of. (R.C.CHAVAN, J.) 3 Appln 2935-2010