-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1065 OF 2006 IN CRI. APPEAL NO. OF 2006 Sou. Ratnabai Ananda Kumbhar .. Applicant. (Org.Complainant) V/s. 1. Shri Rajaram Dadu Injal & Ors. .. Respondents. (Nos.1 to 7 Org.Accused) --- Mr.B.G. Tangsali for the Applicant. Mr. Y.M.Nakhawa, APP for the State. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 06th JANUARY, 2009. DATED : 06th JANUARY, 2009. DATED : 06th JANUARY, 2009. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the applicant and the learned APP for the State. 2. This application is filed for leave to appeal against the order of acquittal. The appellant had filed complaint being R.C.C. No. 74/ 1996 against the respondents, alleging that the respondent nos. 1 to 7 have committed offence punishable under sections 448, 323, 504 and 506 of Indian Penal Code. It was alleged that the respondent no.1/ accused no.1 had also -: 2 :- independently committed offence punishable under section 354 of the IPC. 3. The Applicant/ original complainant in order to prove guilt of the respondents examined three witnesses, namely, PW-1 the applicant-complainant herself; PW-2 Vasant, her brother and PW-3 Bhairu Kumbar. It was the specific case of the appellant-complainant that not only she but her parents and brother had also sustained injuries and they were treated by the concerned doctor. It was her case that incident occurred in the presence of 100 to 200 people. The complainant did not dispute that there was previous enmity between herself and the respondent no.1. Inspite of the above, the complainant neither examined any of the independent witnesses to prove the incident nor examined any medical officer to support her case that she and her parents and brother had sustained injuries during the incident. The learned Magistrate after perusal of the evidence on record and after hearing the parties held that the incident as alleged against the respondents accused is not proved. The alleged incident occurred on 01.09.1996. The impugned order under which the respondent accused are acquitted was passed on 3rd January, 2006. View taken by the learned Magistrate is a possible view and therefore, there is no merit in the application. -: 3 :- 4. Hence this application for leave to file appeal is dismissed. (R.V.MORE,J.) .....