1 Appln 3097-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3097 OF 2010 The State of Maharashtra .Applicant V/s. Shailesh Vithal Bari & ors .Respondents Mr.J.P.Kharge, APP, for the Applicant - State None for the Respondents CORAM : R.C.CHAVAN, J. DATE : 23RD JUNE, 2011 P.C. . Heard the learned APP for the applicant  State. 2. This is an application for leave to file an Appeal against acquittal of the respondents ordered by the learned Additional Sessions Judge, Palghar for the offences punishable under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act & under Sections 147, 148, 323, 504, 506 read with Section 149 of the IPC. In all six witnesses were examined to prove the complicity of the 2 Appln 3097-2010 respondents. PW-1 Sanju is the first informant-victim. PW-3 Sunita is his wife and PW-5 Chintaman Gothale is his relation. PWs-2 & 4 Vikas and Vinod are his friends. The learned Judge found that none of the prosecution witnesses have shown that they had any business to be at the spot at the time of the incident. They are chance witnesses. The incident itself appears to have occurred when the first informant was taken to the police station by the accused as he was absconding. The first informant states that he was in jail for 40 days, & therefore, he could not file the complaint for 40 days. It cannot be said that view taken by the learned Additional Sessions Judge is perverse or improbable. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.)