HVN 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. 3876 OF 2005 IN CRIMINAL APPLICATION NO. 3875 OF 2005 The State of Maharashtra ... Applicant Versus Vishnu V. Pardhi and Ors. ... Respondents Ms. S.D. Shinde, A.P.P. for Applicant State. None for Respondents. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: APRIL 25, 2008 DATED: APRIL 25, 2008 DATED: APRIL 25, 2008 P.C. P.C. P.C. . There is delay of 124 days in preferring the appeal. Though there is no affidavit, the contents of the application has been verified by one K.T. Office Superintendent. The only reason given is heavy work load. . We have also considered the judgment of the trial court which has acquitted the accused by giving him the benefit of doubt. In the instant case, from the record we find that though notice was issued to respondents, some of the respondents have not been served. . Before considering the application for leave even in the absence of the unserved respondents, we have perused the impugned judgment of the trial court. We find firstly from the record, that the evidence shows that Accused No. 1 was also injured. The prosecution has not explained the injuries on the said accused. (2) In so far as weapons of assault are concerned, the learned Judge held that the pancha witness were not examined. and consequently, the seizure of the weapons is not proved. So also the Investigating Officer was not examined. . In these circumstances and the fact that the accused No. 1 was examined by the Medical Officer on the same day would show that he was also assaulted by some persons. Considering the above, benefit of doubt must be given to the accused. In our opinion, considering the evidence, we find no reason to interfere and consequently, both application for condonation of delay as also application for leave rejected. (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.)