1 Appln 5109-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5109 OF 2010 The State of Maharashtra .Applicant V/s. Anil Dhondiba Doiphode & anr. .Respondents Mr.S.A.Shaikh, Advocate, for the Applicant - State Mr.Umesh Mankapure, Advocate, for the Respondent Nos.1 & 2 CORAM : R.C.CHAVAN, J. DATE : 20TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an Appeal against acquittal of the respondents for the offences punishable under Sections 324, 323, 504, 506 read with Section 34 of the Indian Penal Code ordered by the learned Judicial Magistrate F. C., Khandala, District Satara. The learned APP submitted that there was absolutely no reason for the 2 Appln 5109-2010 learned Trial Magistrate to disbelieve the evidence of the victim himself, who had suffered injuries, which was duly corroborated by the evidence of his sister Tarabai, who had seen the accused persons assaulting the victim. The learned Trial Magistrate did not rely on the evidence of the victim first because according to the Doctor, the injury could have been caused by fall & the victim had already fallen down when victim's sister is supposed to have seen him. Secondly, in spite of such an assault as is described by the two witnesses the injuries on the person of the accused is one injury on the backside of the head and one on the eye brow. The victim is supposed to have fallen unconscious and was taken in that state to the local hospital. Further, Doctor, who has been examined does not state that the victim was unconscious. However, the learned Trial Magistrate found that no independent witness, who could have seen the incident has been 3 Appln 5109-2010 examined. The independent witness Nasir Patel, who had, in fact, taken the victim to hospital at Satara from Khandala has also not supported the prosecution case. The learned APP submitted that it was not correct on the part of the learned Trial Magistrate, who disbelieve the evidence of victim and his sister Tara on such grounds. Though another view of the matter could also have been taken by the learned trial Magistrate since the learned Magistrate had seen the witnesses depose and had chosen not to believe them, no case for interference is made out. Leave refused. Appeal dismissed. 3. Criminal Application stands disposed of. (R.C.CHAVAN, J.)