1 cri appln 576.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 576 OF 2010 The State of Maharashtra .. Applicant Versus 1. Ravindra Anant Suryawanshi and anr .. Respondents Shri V. G. Shelke, A.P.P. for the Applicant/State. Shri P. B. Gapat, Advocate for Respondents. CORAM : S. S. SHINDE, J. DATE : 31ST JANUARY, 2011. PER COURT : . Heard learned Additional Public Prosecutor for the applicant/State and learned counsel appearing for the respondents. Perused the impugned judgment and also the record and proceedings made available. The learned A. P. P. invited my attention to the evidence of prosecution witnesses and also to the medical evidence and submitted that the evidence of the prosecution witnesses coupled with medical evidence unequivocally indicates that, the victim/complainant has 2 cri appln 576.10 sustained the injuries as a result of assault by the respondents herein. Therefore, this matter requires consideration. 2. Learned counsel appearing for the respondents submitted that, the evidence of the complainant before the Court does not indicate that, the present respondents have assaulted the complainant. Learned counsel also invited my attention to para 14 of the impugned judgment and contended that P.W. 1/complainant has not uttered single word before the Court, whether the accused persons and their colleagues have abused him and witness near land of Bhagwan Mali. Relying on those observations in the impugned judgment, learned counsel appearing for respondents submitted that, when the complainant himself has not stated anything or involvement of the respondents/accused, this Court may not interfere in the judgment and order passed by the Trial Court acquitting the respondents/accused. 3. Upon hearing learned A.P.P. for the applicant/State and learned counsel for the respondents and upon perusal of the evidence of the prosecution witnesses and also medical evidence, it does indicate that the complainant has sustained injuries. The 3 cri appln 576.10 history stated by the doctor does indicate that, there was assault on the complainant. The incident had taken place at 6.00 p.m. and immediately the victim was hospitalized at 6.30 p.m. Therefore, medical history assumes importance at this prima facie stage. There is no reason to disbelieve the evidence of the prosecution. Therefore, in my opinion, matter requires consideration. Hence application seeking leave to appeal from the judgment and order of Sessions Court Osmanabad, in Sessions Case No. 19/2008 dated 15.10.2009 is allowed and stands disposed of. The Registry is directed to register this application as appeal. [S. S. SHINDE, J.] bsb/Jan. 11