1 APPLN-4313.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.4313 OF 2010 The State of Maharashtra .... Applicant Vs. Avirat alias Avinash Maruti Barbade & Ors. .... Respondents Ms M.M. Deshmukh, APP, for the Applicant-State. CORAM: R.C. CHAVAN, J. DATED: JUNE 24, 2011 P.C: This is an application for leave to file appeal against the judgment of acquittal of the respondents for the offences punishable under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Section 324 r/w Section 34 of the IPC, rendered by the learned 2nd Addl. Sessions Judge, Solapur. The learned APP is right in submitting that the learned Judge has not referred to the medical evidence in the judgment. The learned APP made available for my perusal the evidence tendered. But the medical evidence of PW-2 Dr. R.M. Devkate shows that 2 APPLN-4313.10 the first informant Anantrao had contused lacerated wounds in occipital region of 2 cm x 4 cm, abrasion all over the backside and an invisible contusion on the right wrist joint. There is no injury by any sharp weapon. Anantrao, who was examined as PW-3, claimed that one Rahul, who had not been prosecuted, was armed with a copper fighter and gave a blow to Anantrao on the back. An unidentified young boy who is also not an accused gave a blow by sword on the head. Accused Avinash, who has been prosecuted, gave a blow by a hockey stick on both the legs but the doctor does not notice any injury on the legs. According to Anantrao, he was accompanied by Santosh Garad, who was examined as PW-4. Santosh was also injured in the incident. Santosh states in his examination-in-chief that none was present with accused Nos.1 to 3 at the time of the incident ruling out the participation of Rahul or the unidentified person in the assault who had been attributed a major role by PW-3. In view of this, it cannot be said that the learned Judge erred in rejecting the evidence of the prosecution witnesses and acquitting the respondents. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)