A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.368 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 The State of Maharashtra .. Applicant vs. Dinesh Ramniklal Pujara & Anr. .. Respondents Mr.D.P.Adsule, A.P.P. for the State. Mr.Manoj J.Bhati for Respondents. CORAM : A.R. JOSHI, J. DATE : 17th July, 2009. P.C.:- Heard rival submissions for some time. 2. It is the application filed by the State for permission to file appeal against the acquittal of Respondents original accused for the offence punishable under section 341, 504 and 506 II of Indian Penal Code. 3. Perused the notes of evidence and also the reasoning given by the Trial Magistrate. It appears that according to the case of the complainant his access to the latrine and well water was obstructed by accused by putting the iron gate and he was abused of dire consequences. Six witnesses were examined, however, trial Magistrate did not accept their evidence as sufficient for establishment of charges. In fact the only important evidence is that of complainant P.W. No.1 who during the cross examination admitted that the iron gate was put up by the accused persons in the adjoining property known as Thanawala property and that complainant resides in the property belonging to one Mr.Barai and residing Naralwala Chawl at Mahagiri, Thane. There is nothing in the evidence of the other witnesses than P.W. No.1 as to any threats given by accused of dire consequences. On the contrary, P.W. No.5 cousin brother of complainant specifically admitted that he and complainant had once assaulted the accused persons and for which they were earlier arrested. 4. Considering the status of the evidence brought before the Trial Magistrate, in the opinion of this Court, there is nothing to reagitate the issue again and to try the matter in appeal and there is nothing to interfere with the impugned Judgment and order. Consequently, the leave petition stands dismissed and accordingly disposed of. (A.R. JOSHI,J.)