..(1).. 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.3623 OF 2007 [LEAVE TO APPEAL] IN CRIMINAL APPEAL NO. OF 2007 The State of Maharashtra. ..Applicant. Versus Namdeo Shivaji Patil and 2 Ors. ..Respondents. ... Mr.V.B.Konde-Deshmukh, APP, for the Applicant-State. Mr.Kishore Patil, Adv. for Respondent No.1. ... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 13th June, 2008. DATED : 13th June, 2008. DATED : 13th June, 2008. P.C.: 1. The applicant-State of Maharashtra has filed this application for leave to file appeal against the judgment and order dated 4th July, 2006 passed by the J.M.F.C. Patan in Regular Criminal Case No.115 of 2000. By the said judgment and order, the learned Magistrate acquitted respondents-orig. accused Nos.1 to 3 of the offence under Sections 324, 323, 504, 506 read with 34 of IPC. 2. It is the case of the complainant that on ..(2).. 7.8.2000 at about 6:00 p.m., he was cultivating his land in Gat No.577 which is situated at village Khale. At that time, all the accused persons came there. Accused Namdeo was holding axe in his hand and he assaulted the complainant by blunt side of the axe. The other coaccused were holding sticks in their hands and they caused injury on his leg, head and back. 3. Heard the learned APP for the applicant-State and the learned Counsel for the Respondent. Perused the judgment and order of the learned Magistrate as well as the evidence which has been produced by the learned APP. 4. The complainant PW-1 Vijaysingh has stated that the incident has occurred in Gat No.577 at village Khale. However, the spot panchnama shows that the incident had occurred near village Gudhe. It has come on record that the distance between village Khale and village Gudhe is about 7 Kms.. PW-5 Pandharinath Pawar has also admitted during cross-examination that the distance between village Khale and Gudhe is about 7 Kms. It has ..(3).. also come on record that both the villages are different revenue villages. This shifting of the spot of offence raises grave doubt about the genuinness of the prosecution case. 5. The weapons were seized from the field of the complainant. It is not the prosecution case that the accused assaulted the complainant and left the weapons at the spot. The complainant has not stated in his complaint that the accused had left the weapons at the spot and thereafter they went away. Moreover the panch witness has stated that he does not know what happened to the weapons which were seized. It is also seen that the weapons were not referred to the C.A.. All these facts affect the prosecution case. 6. The medical certificate Exh.41 shows that the complainant sustained three injuries i.e. C.L.W. on forehead, tenderness on back and tenderness on chest. The medical evidence on record does not show that the complainant sustained any injury on his leg or hand. The complainant has not stated that any of the accused ..(4).. persons assaulted him on the chest. Thus, there is complete variance between the oral evidence of the complainant and the medical certificate which is on record. 7. It is further case of the complainant that the accused persons had abused and threatened him. It is noteworthy to see that the complainant has not specifically stated the insulting words alleged to have been used by the accused in his complaint nor in his oral evidence. The prosecution has failed to prove specific abusive or threatening words used by the accused to the complainant at the time of the incident. 8. The learned Magistrate has taken all these aspects into consideration and thereafter he has acquitted the respondents-accused. 9. Looking to the evidence on record,I am of the opinion that the view taken by the learned Magistrate is a reasonable and possible view. Hence, no interference is called for. Application for leave to file appeal is rejected. ..(5).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)