1 APPLN-5140.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.5140 OF 2010 The State of Maharashtra .... Applicant Vs. Madhukar Shankar Patil & Ors. .... Respondents Ms P.P. Bhosale, APP, for the State. Shri Milind Deshmukh for the Respondents. CORAM: R.C. CHAVAN, J. DATED: JULY 04, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondents for the offences punishable under Sections 324, 323, 504 and 506 r/w Section 34 of the IPC, recorded by the learned Judicial Magistrate, First Class, Sangola. The learned APP may be right in submitting that the learned Magistrate was too technical in looking at the medical evidence in respect of the injuries. The learned Magistrate seems to have found from the medical evidence that the injury to witness Gorakh was shown to have been caused within 24- hours of examination whereas the injury to 2 APPLN-5140.10 witness Kamal was shown to have been caused within 12-hours of examination. The learned Magistrate found that the certificates were possibly altered. He also observed that the articles seized were not sharp weapons and yet the doctor had found that one of the injuries was caused by a sharp weapon. The learned Magistrate also wondered as to why the police first sent the victims to the hospital and then recorded the report, since therefore, according to the learned Magistrate, any one of the four victims who had gone to the police station could have given a report, the report should have been registered first. Though another view of the matter could have been taken by the learned Magistrate, that itself cannot be a ground for interfering in the judgment passed. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)