- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1367 OF 2006 APPLICATION NO.1367 OF 2006 APPLICATION NO.1367 OF 2006 The State of Maharashtra ...Applicant vs. Kondiba Dhondiba Kusekar and anr. ...Respondents Mr.A.S.Shitole, A.P.P.for the Applicant CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : OCTOBER 20,2006. : OCTOBER 20,2006. : OCTOBER 20,2006. P.C.: P.C.: P.C.: 1. Heard learned A.P.P. for State. The Respondents have been acquitted of the offences punishable under sections 324, 504 read with section 34 of the Indian Penal Code. 2. The finding of the Trial Court is that evidence of independent witnesses has been withheld by the prosecution. The only independent eye witness has turned hostile. Therefore, the learned Trial Judge declined to pass an order of conviction based on sole testimony of the complainant. 3. Considering the facts and circumstances of the case, I am of the view that no case is made out for grant of leave. Application is rejected. JUDGE JUDGE JUDGE