-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1598 OF 2008 APPLICATION NO. 1598 OF 2008 APPLICATION NO. 1598 OF 2008 The State of Maharashtra. ... Appellant. V/s. Mangesh J. Thakur & Ors. ... Respondents. .... Mrs. M.M. Deshmukh, A.P.P. for the State. None for the Respondents. .... CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & K.U. K.U. K.U. CHANDIWAL,JJ. CHANDIWAL,JJ. CHANDIWAL,JJ. DATE DATE DATE : 20TH JUNE, 2008. : 20TH JUNE, 2008. : 20TH JUNE, 2008. P.C. P.C. P.C. : : : . In the instant case two persons, the complainant Shri Laki Darshansing Saudhi and his driver Ankush Mohanlal Yadav were assaulted on 20th May 2006. The Accused herewith were charged for the said offence. The alleged incident, according to the prosecution, took place at Dhaba of PW-3 Gajanan Vasudeo Mantri. This witness however did not support the case of the prosecution and turned hostile. Similarly, though recovery of weapons of assault was effected, the panch has turned hostile. PW-7 the Police Constable, who was examined, gave only reference of the Accused but no names of the accused or has even identified them in the Court. 2. Though it appears that the complainant driver suffered serious injuries, the medical certificate was -:2:- also not produced. Apart from that, the learned Judge, found inconsistencies in the case of the complainant and witness Ankush Yadav. We find that in the absence of specific evidence againsgt the present two accused the conclusion arrived at by the learned Judge cannot be faulted. 3. In the light of the above, the application for leave stand dismissed. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.) (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)