IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAG PUR BENCH, NAGPUR Cri.Revn.Appln.No.147 of 2006 -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. --------------------------------------------------------------------------------------------- CORAM : R.C.Chavan, J. DATE : August 22, 2006. Heard Mr.V.G.Bhamburkar, learned counsel for the applicant and Mr.Mirza, learned A.P.P. for the respondent-State. By the present revision application, the applicants assail the judgment of acquittal delivered by the learned Judicial Magistrate, First Class, Court No.2, Achalpur on the ground that the learned Magistrate has refused to see that there was no delay in filing the report and has neglected to consider that, in spite of reminders by the applicants, the accused had failed to repair the wall causing it to collapse on 6.9.2004. I have gone through the Judgment. The view taken by the learned Magistrate cannot be called perverse since the learned Magistrate has held that the wall collapsed after incessant rains on the preceding days and has also considered the contradictions in the evidence of the complainant and his wife who had suffered fractures in the incident. As regards contention of the learned counsel that the complainant had repeatedly told the accused to repair the wall, except for oral words, there is nothing even according to the learned counsel and therefore, such wisdom can obviously dawn after the incident and hence, it cannot be said that the view taken by the learned Magistrate is improbable and perverse. Hence, the application is rejected. JUDGE ssj