1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPEAL NO.175 OF 1993 The State of Maharashtra ...Appellant. v. 1 Subhash Sukrya Satavi 2 Bharati Subhash Satavi 3 Gopukabai Dattu Satavi All adults, R/o. Kudus, Tal: Wada, Dist. Thane ...Respondents. Smt. P.P.Bhosale, APP for the Appellant/State. None for the Respondents. CORAM : J.H. BHATIA, J. DATED : DECEMBER 13, 2010 ORAL JUDGMENT: 1 The State has preferred this appeal against the acquittal for the offences punishable under Section 324, 504 r/w Section 34 of the I.P.C. Regular Criminal Case No.24 of 1992 by the learned J.M.F.C., Wada by the judgment and order dated 23.11.1992. 2 Prosecution case in brief, is that accused/respondents had assaulted one Ganpat with stick and had caused some injuries. They had also abused and insulted him, on 9th July, 1991. After investigation, charge-sheet was filed, accused was put to trial. By the impugned judgment, trial Court acquitted accused on the ground that prosecution 2 has failed to examine any witness in spite of summons issued by the Court from time to time. 3 Heard the learned APP. None for the respondents. Taking into consideration prosecution case infact, it is seriously doubtful if there could be charge under Section 324. Case could be at the most under Section 323 and 504 of I.P.C. Prosecution has failed to lead any evidence in spite of the fact that the Court had issued summons to the witnesses, a number of times but the prosecution machinery had failed either to serve summons and to produce the witnesses to give evidence. In such circumstances, Court dismissed the case and acquitted the accused. I do not see any valid reason to interfere in the said order of acquittal after 18 years particularly when these are minor offences. No purpose of justice will be served by interfering in the order of acquittal now. 4 Therefore, the appeal stands dismissed. (J.H. BHATIA,J.)