1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.2730 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Pandurang Nivrutti Mane ...Applicant (Orig. Complainant) Vs. Dagdu @ Gunda Nivrutti Chougule ...Respondent (Orig. Accused) Mr.Amit Sule, Advocate for the Applicant Mr. S.r. Shinde, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 21ST NOVEMBER, 2009 P.C. 1.This is an application for leave to file appeal against the order of learned J.M.F.C.Jath, Dist: Sangli dated 12th May 2008 acquitting accused No.1 of the offence punishable under Section 323 of the I.P.C. 2.The applicant is the complainant. Upon the incident of 27th May 2003 which took place at 6 p.m he sought to lodge a police case. The police did not register the 2 complaint. Hence, he filed a private complaint. He led evidence of himself and other witnesses for framing the charge. The learned Magistrate has considered the evidence not enough to frame charge under Section 323 of the I.P.C, and accordingly has acquitted the accused No.1. 3.Accused Nos.2 and 3 were previously discharged. This Appeal is only against accused No.1. 4.The evidence led by the applicant/complainant is that upon he having affixed the boundary of his property with stone earlier in the day accused Nos.2 and 3 came there possessing sticks and accused started assaulting him with fists, kicks and sticks. The evidence of the other witnesses with regard to this incident shows that the accused No.1 removed the boundary stone and a scuffle took place. He threatened the complainant. No witness has mentioned the assault by sticks by accused No.1. Any hurt which caused to the complainant is otherwise substantiated by any medical evidence. The oral evidence is disbelieved. The learned Magistrate has not found any substance of the assault by accused No.1. The order is correct. 5.Hence, leave to appeal is refused. (SMT. ROSHAN DALVI, J.)