..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5374 OF 2005 [LEAVE TO APPEAL] IN CRIMINAL APPEAL NO. OF 2005 The State of Maharashtra. ..Applicant. Versus Pandurang Maruti Babar and Anr. ..Respondents. ... Mr.K.V.Saste, APP, for the Applicant-State. Mr.Sandeep Kurne, Adv. h/f. Mr.Umesh Mankapure, Adv. for the Respondents. ... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 23rd June, 2008. DATED : 23rd June, 2008. DATED : 23rd June, 2008. P.C.: 1. The applicant-State of Maharashtra has filed this application for leave to file appeal against the judgment and order dated 30th June, 2004 passed by the learned J.M.F.C., Sangola in Regular Criminal Case No.71 of 1998. By the said judgment and order, the learned Magistrate acquitted respondents- -orig.accused Nos.1 & 2 of the offences under Sections 323, 324, 504 read with 34 of IPC. 2. I have heard the learned APP for the ..(2).. applicant-State. Perused the judgment and order of the learned Magistrate as well as the evidence which has been produced by the learned APP. It is seen that there is variance, improvement and discrepancy in the versions of the eye witnesses i.e. Krishna, Shobharani, Ganesh and Vasant. The said improvements and discrepancy are on material aspects which directly affect the prosecution case. The learned Magistrate has taken these facts into consideration and has observed that their evidence cannot be safely relied upon. Looking to the evidence on record, I am of the opinion that the view taken by the learned Magistrate is a reasonable and possible view. Hence, no interference is called for. 3. Application for leave to file appeal is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)