1 APPLN-570.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.570 OF 2011 The State of Maharashtra .... Applicant Vs. Hanmant Dashrath Magar & Ors. .... Respondents Ms P.P. Bhosale, APP, for the Applicant-State. CORAM: R.C. CHAVAN, J. DATED: JULY 04, 2011 P.C: This is an application for leave to file appeal against the judgment of acquittal of the respondents recorded by the learned Judicial Magistrate, First Class, Atpadi for the offences punishable under Sections 143, 147, 325, 323, 341, 504, 427 r/w Section 149 of the IPC. The learned Magistrate refused to believe the evidence of the prosecution witnesses as she found the evidence discrepant. The defence was that the jeep in which the victim's family was travelling turned turtle and they sustained injuries in that accident. The evidence of Dr. Padalkar who had examined 2 APPLN-570.11 the victim's family members shows that Vasant, who was driving the jeep at the relevant time, was irritable, had consumed liquor, his gait were unsteady, pupils were dilated and he was under the influence of liquor. The defence was thus probable. In view of this, the view taken by the learned Magistrate cannot be said to be improbable. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)