1 appln 5840 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5840 OF 2010 The State of Maharashtra .. Applicant -versus Sunny Sitaram Jadhav .. Respondent. Mrs. M.M. Deshmukh, APP for the Applicant State. CORAM: R.C. CHAVAN, J. DATED: 14th June, 2011 P.C. 1. This is an application for leave to file appeal against the acquittal of the respondent for the offences punishable under Sections 324, 504 of the Indian Penal Code, rendered by the learned J.M.F.C. Ulhasnagar. The accused is alleged to have assaulted with blade on the abdomen of the complainant Siyaram Bihari Gupta at 3.30 p.m. The witnesses examined at the trial, are the complainant himself, two panchas, one person who was supposed to have been an eye witness and the Investigating Officer. The complainant stated that on the incidental day the accused asked for some grocery on credit which he refused to give and therefore, the accused hit him with blade on his abdomen. This blade which is used is of Topaz Company blade i.e. shaving blade. P. W.4 Sudama Gupta, stated that on the incidental day in the morning accused is alleged to have gone to the shop of this witness 2 appln 5840 of 2010 and demanded blade and on refusal by this witness, accused lifted weight in the shop and broke the show case of the shop. This evidence is about altogether different incident and does not corroborate the first informant’s evidence. Learned Magistrate rightly observed that the first informant’s wife Sou. Rekha Gupta was allegedly present in the shop, but she was not examined. The evidence of P.W.1 and 4 is not in respect of same incident and therefore, the learned Magistrate rightly refused to believe the evidence of first informant. There is no perversity in the conclusions drawn by the learned Magistrate. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)