1 appln 5833 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5833 OF 2010 The State of Maharashtra .. Applicant -versus Sanjay Jadhav and ors .. Respondents. Mrs P. P. Bhosale, the Applicant. CORAM: R.C. CHAVAN, J. DATED: 17th June, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of respondents by the learned Judicial Magistrate First class, Phaltan, District: Satara, for the offences punishable under Sections 324, 323, 504, 506 read with Section 34 of the Indian penal Code. The learned Magistrate held that the first informant injured person Shankar did not refer to the presence of Bapu Dadas, his own brother in law at the time of incident either in the complaint or in the evidence. On the other hand, Shankar had categorically that none else except cycle shop owner had come to the rescue excluding presence of Bapu Dadas. Bapu Dadas, however, was examined as P.W.3 and stated elaborately about the assault on the first informant. The cycle Shop owner Ramchandra Lonkar was not examined by the prosecution. 2 appln 5833 of 2010 The defence had sought to examine Ramchandra Lonkar as witness, who, however, did not appear inspite of service of summons. Considering this the learned Magistrate rightly refused to believe the sole testimony of first informant though first informant does seem to have several injuries on his person. In view of this leave refused. Appeal dismissed. (R. C. CHAVAN, J.)