1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2374 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 The State of Maharashtra. ... Applicant. Versus Vishal Rajendra Bival. ... .... Respondent. Mrs. U. V.Kejriwal, APP for the Applicant – State. None for the Respondent. CORAM : BILAL NAZKI and A. R. JOSHI, JJ. DATED : 16TH FEBRUARY, 2009. P.C.: The prosecution case was that four people travelling in rickshaw had attacked, as a result of which PW 1 got injured and was admitted to hospital. On the basis of this allegation, charges were framed under Sections 307, 324, 323 and 504 r/w 34 of the Indian Penal Code. Although the prosecution case was that the four people were involved in the offence, charge sheet was filed only against one person. The injured witness was PW 1, who was categoric in his statement that he could not identify the accused, who was present in the Court. Although this witness had seen the 2 occurrence before he became unconcious but he could not identify the accused. The other witnesses, who were accompanying allegedly with PW 1, who claimed to have identified the accused, their testimony was not believed as there were improvements in their statements. The accused was not known to the witnesses. No identification parade had been conducted. Therefore, the trial Court appears to be right in acquitting the accused. Hence, no interference is called for. 2. In the circumstances, leave to appeal refused. Application rejected. Sd/- (BILAL NAZKI, J.) Sd/- (A. R. JOSHI, J.)