1 APPLN 1302 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1302 OF 2011 The State of Maharashtra .. Applicant -versus Anandrao Shankrarao Shelke and ors .. Respondents. Mrs. S.V. Sonawane, for the applicant. CORAM: R.C. CHAVAN, J. DATED: 8th December, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent, for the offence punishable under Sections 447, 427, 504, 506 read with section 34 of the Indian Penal Code. At the first blush it would appear that the complainant has a very good case because after complainant’s wife rang him up, he went to the police station, complaining that some wall near his house has been demolished. The police officer is alleged to have told the complainant that he should first go and see the situation and then come back and report. Accordingly, he did go to the spot, came back and reported about situation. At the trial some witnesses who were admitted in complainant’s hospital were examined, who stated that they heard noise of compound wall 2 APPLN 1302 OF 2011 of the hospital being demolished. The learned Magistrate rightly refused to believe the prosecution story because statements of other witnesses who were present in the hospital were not recorded. In view of this the view taken by the learned Magistrate cannot be said to be perverse or improbable. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)