6 S.B. CRIMINAL LEAVE TO APPEAL NO.150/2009. State of Rajasthan Vs. Jagdish @ Bhutto & Anr. Date of Order :: 31st July 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Ashok Prajapat, Public Prosecutor. ... BY THE COURT: Having heard the learned Public Prosecutor and having perused the record, this Court is unable to find any reason to grant leave to appeal in this matter against the judgment and order dated 27.01.2006. The learned Magistrate has proceeded to acquit the accused, charged for the offences under Sections 365, 323 IPC, finding substantial contradictions in the statements of the witnesses and then, there being want of any eye-witness though the incident was said to have occurred in an abadi area and the only witness produced as alleged eye-witness, PW-5 Rajendra Soni, turning hostile and not supporting the prosecution case. In the overall circumstances of the case, the view as taken by the learned Magistrate appears to be a possible view of the matter and there appears no reason to interfere. This petition for leave to appeal stands rejected. (DINESH MAHESHWARI), J. //Mohan//