1 APPLN-276.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.276 OF 2011 The State of Maharashtra .... Applicant Vs. Kewal Bhalchandra Patil .... Respondent Ms P.P. Bhosale, APP, for the Applicant- State. CORAM: R.C. CHAVAN, J. DATED: JULY 19, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondent ordered by the learned Judicial Magistrate, First Class, Palghar for the offences punishable under Sections 325, 323, 504 and 506 of the IPC. The first informant was Chairman of a Trust which had employed the accused as a Peon. The accused was removed from the post of Peon and thereafter the accused is supposed to have attacked the Chairman in the presence of other trustees. According to the first informant, he had suffered dislocation of the shoulder as well as fracture of middle phalanx of right second ring finger. The FIR itself was 2 APPLN-276.11 given four days after the incident. X-ray report by PW-5 Dr. Thakkar shows that there was no dislocation or fracture of the shoulder but there was a fracture of the middle phalanx of right second ring finger, yet the doctor stated that the injury was simple and normal and also admitted that it could be caused by even a fall. The learned Magistrate held that the medical evidence negatived the type of assault which the complainant PW-1 and the eye-witness PW-4 had deposed about. The learned Magistrate held that the presence of PW-4 at the time of the incident was also doubtful. Merely because another view of the matter could have been taken, it does not follow that the view taken by the learned Magistrate could be held to be perverse or improbable. In view of this, leave refused. Appeal dismissed. The application accordingly stands disposed of. (R.C. CHAVAN, J.)