/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.397 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 The State of Maharashtra ...Applicant V/s. Sau. Mohini Motiram Surve & Anr. ...Respondents. Ms.Alpa T. Jhaveri APP for the State/Applicant. None for Respondents. CORAM : V.M. KANADE, J. DATED : 5th FEBRUARY, 2008. P.C:- 1. Heard learned APP for the State. 2. State is challenging the judgment and order passed by the Judicial Magistrate, First Class dated 28/10/2005. By the said judgment and order, the Trial Court was pleased to acquit the Respondents/Accused Sau. Mohini Motiram Surve and Kum. Manisha Motiram Surve for the offences punishable U/s.435 r/w 34 of IPC. 3. Prosecution case in brief is that there was a dispute between the Complainant and the Accused in respect of a hut which was constructed by the Complainant in the Gavthan area. Prosecution case is that on / 2 / 20/12/2004 at about 6.30 a.m. in the morning, Accused put the hut on fire and committed alleged offence. In support of prosecution case, the prosecution examined two eye witnesses, PW-3 and PW-4. Both these two eye witnesses have stated in their evidence that they saw the Accused/Respondents putting hut on fire. The Trial Court disbelieved the testimonies of these two eye witnesses on the various ground. The Trial Court has observed that taking into consideration distance between the hut which was set on fire and the place where these two eye witnesses were residing, it was not possible for them either to have heard what the Accused have said or to have seen the Accused committing said offence. The Trial Court also has observed that after having witnessed this incident, there was no reason why eye witnesses did not raise hue and cry. 4. I have perused the impugned judgment and order of the Trial Court. The Trial Court has taken into consideration evidence on record and has given cogent reasons in support of its finding. In my view, no case is made out for grant of leave to file an appeal. Leave is refused. . Application is disposed of accordingly. V.M. KANADE, J. / 3 /