IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMIAL APPELLATE JURISDICTION CRI. APPLICATION NO.3169 OF 2007 IN Appeal No. of 2007 Mehtab Nijam Nulla .. Applicant V/s Samir Khutbuddin Mulla and Ors..Respondents Mr.G.M.Savagave for Applicant Mr.P.D.Dalvi for Respondent nos.1 to 3 Ms.M.H.Mhatre,APP for State CORAM:R.S.Mohite,J. DATED:15th July 2008 P.C.:- 1. Heard both sides. 2. This is an application to leave to appal. The accused were acquitted for offence punishable under Section 323, 324, 504 and 506ofIPC. On perusal of the record it is clear that the Court has disbelieved the complainant and two other witnesses on the ground there is major improvement made in the prosecution case. Also NC did not implicate the accused no.2. The accused no.2 was subsequently added in the private complaint. The finding is that this was a matter of counter blast to the Police complaint filed by the accused no.1 in which the complainant is convicted. 3. The view taken by the trial Court is a possible view and this is not a fit case for interference in an appeal against the acquittal. Hence the leave refused. Consequently the appeal required to be filed. (R.S.Mohite,J.)