..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3158 OF 2006 [LEAVE TO APPEAL] IN CRIMINAL APPEAL NO. OF 2006 The State of Maharashtra. ..Applicant. Versus Tukaram Mahadeo Magar and 4 Ors. ..Respondents. ... Mr.K.V.Saste, APP, for the Applicant-State. Mr.Milind Deshmukh, Adv. for the Respondents. ... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 19th June, 2008. DATED : 19th June, 2008. DATED : 19th June, 2008. P.C.: 1. The applicant-State of Maharashtra has filed this application for leave to file appeal against the judgment and order dated 28th February, 2006 passed by the learned J.M.F.C., Malshiras in Regular Criminal Case No.92 of 2001. By the said judgment and order, the learned Magistrate acquitted the respondents-orig.accused Nos.1 to 5 of the offence under Sections 147, 148, 324, 325, 504 & 506 of IPC. 2. The prosecution case is that there was previous dispute between the complainant PW-1 Shivaji and the respondent-accused Tukaram. On 25th April, 2000 at about 6:00 a.m. all the accused persons assaulted Shivaji. It is the case ..(2).. of the prosecution that Shivaji was assaulted by stones, cycle chain and iron rod. 3. Heard the learned APP for the applicant-State. Perused the judgment and order of the learned Sessions Judge as well as the record in the present case. 4. On examination of the evidence of the witnesses, it is seen that there is major discrepancy in their versions relating to assault as well as spot where the incident took place. As per version of complainant PW-1 Shivaji incident occurred infront of his house where he was cleaning waste of animals, however, as per evidence of PW-2 Nandabai the incident had occurred at some distance away from their house. As per evidence of PW-4 Ravsaheb the incident had occurred at a distance of half kilometre, near Khandoba temple towards south of road going from Mahalingeshwar to Nimgaon on a rough road. PW-6 Mahadeo has stated that the incident has taken place near the land of Tanaji. The panchnama also shows that the incident has taken place near the land of Tanaji. It is further seen that PW-6 Mahadeo has admitted that all those four places are different places and stated distances between ..(3).. those places. 5. Moreover it is seen that the evidence of the complainant i.e. injured witness and the other witnesses is not corroborated by the medical evidence. Shivaji has stated that fracture was caused to his left hand. However, no such injury is mentioned in Exh.41 which is medical certificate given by PW-3 Dr.Benare. No X-ray plates have been produced by the prosecution to show that there was fracture injury caused to the left hand. Thus, it is seen that the medical evidence led by the prosecution is not supporting the case of prosecution. 6. The learned Magistrate has taken all the above facts into consideration and thereafter has acquitted the respondent-accused. 7. Looking to the evidence on record I am of the opinion that the view taken by the learned Magistrate is a reasonable and possible view. Hence, no interference is called for. Application for leave to file appeal is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)