1 cri3845.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3845 OF 2011 WITH CRIMINAL APPLICATION NO. 3844 OF 2011 Babasaheb S/o Bhaskar Vetal, Age : 36 years, Occ : Agri., R/o Brahmangaon Vetal, Tq. Shrirampur, Dist. Ahmednagar. ..APPLICANT -VERSUS- 1. Shivaji S/o Bhanudas Vetal, Age : 38 years, Occ : Service. 2. Sambhaji S/o Bhanudas Vetal, Age : 35 years, Occ : Agri., 3. Bhanudas S/o Mahadeo Vetal, Age : 60 years, Occ : Agri., 4. Shakuntala Bhanudas Vetal, Age : 55 years, Occ : Household, All R/o Brahmangaon Vetal, Tq. Shrirampur, Dist. Ahmednagar. ..RESPONDENTS ..... Shri P.S. Dighe, advocate for the applicant. ..... CORAM : A.H. JOSHI AND A.M. THIPSAY , JJ. DATE : 8th November, 2011 ORAL JUDGMENT : (PER JOSHI, J) 1. We had called upon learned Advocate for the applicant to address the Court on merits. 2. It is seen that injuries caused to the complainant may be held as proved, however, the question as to whether the accused have caused those has to be proved by oral evidence. 2 cri3845.11 3. Perusal of judgement reveals that the learned trial Court has found that the evidence of witness and doctors, interse, does not corroborate and hence, does not inspire confidence and therefore held that the guilt of accused is not proved. 4. Perusal of notes of evidence discloses that appreciation done by learned Judge is plausible. 5. In this situation, issuing notice on application for condonation of delay would mean doing injustice to the respondents. 6. Hence, we decline to issue notices to the respondents as a ritual to be performed unmindfully, and dismiss both the applications. (A.M. THIPSAY, J.) ( A.H. JOSHI, J.) ga s/cri3845.11