1 appln 2653-10 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2653 OF 2010 The State of Maharashtra .. Applicant Versus Nargis Dinyar Barucha .. Respondents and another Mrs. V. R. Bhosale, APP for the -State CORAM : N. D. DESHPANDE, J. DATE : 25th January, 2011 P. C. 1. Heard, Mrs. Bhosale, APP for the Applicant State. 2. This is an application for leave to appeal against the order of acquittal dated 1.8.2008 passed by the learned Addl. Chief Metropolitan Magistrate, 4 th Court, Girgaon, Mumbai and the order dated 6.2.2010 passed by the learned 4 th Adhoc Additional Sessions Judge, Greater Bombay, in Criminal Appeal No. 214 of 2009, upholding the acquital. 3. There are concurrent findings recorded by the trial court so also by the appellate Court upholding the order of acquittal passed passed by the trial court in favour of the accused. Both the accused are ladies and belong to parsi community. The 2 appln 2653-10 complainant Mr. Phiroz Variyava was also parsi. The accused were tried under section 325 of the Indian Penal Code on a complaint that the accused had assaulted the complainant Mr. Phiroz by fists, due to which he fell down and sustained fracture on his hand. He is no more and therefore could not be examined as witness. In this case his daughter is present. She is also heard. She was witness- PW-3. The parties were on cross terms. There was some dispute about money lending and civil matters. 4. I have gone through the impugned judgment and order of both the Courts and find no illegality or perversity in the findings. The incident was held to be not proved as there was no evidence on the point of actual assault and therefore the accused were given benefit. The findings recorded by the trial court which are upheld in appeal are supported with sound reasons. No interference is called for. Leave refused. 5. The application is rejected. ( N. D. DESHPANDE, J. )