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. 3948 OF 2007 CRIMINAL APPLICATION NO. 3948 OF 2007 CRIMINAL APPLICATION NO. 3948 OF 2007 The State of Maharashtra .... Applicant versus Pratap Popat Satkar & ors....... Respondent. Mr. A.S.Shitole APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 4TH FEBRUARY, 2008 DATED; 4TH FEBRUARY, 2008 DATED; 4TH FEBRUARY, 2008 P.C.; P.C.; P.C.; 1. This is a application seeking leave to file an appeal against the judgment and order of acquittal passed by Ad-hoc Addl. Sessions Judge, Pune. Accused nos. 1 to 5 who are members of one family and were prosecuted for commission of offences punishable under sections 143, 148, 452, 295,295-A, 298, 427, 504, 506 read with 149 of IPC so also under section 3 (1) of Schedule Cast and Schedule Tribes (Prevention on Atrocities) Act and under section 7(1) (d) of Protection of Civil Rights Act. 2. No independent witness, though the incident is said to have happened at the residence of the complainant and which house is surrounded by various other houses, has been examined. The interested version of prosecuion witness has been disbelieved by the court below by holding that the complainant could be in the police station at the time of the alleged occurence of the incident along with his father to lodge some other complaint. The distance of the police station and that of the residence of the complainant is about 2/3 kms. There were frequent quarels between the complainant and the accused on account of band of agriculatural lands. After taking into consideration all the relevant circumstances so also on account of absence of independent witness, the Sessions Judge has acquitted the accused. The view taken by the Sessions Judge on the basis of evidence on record is a possible view. Hence application for leave to file an appeal is rejected. .....