1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1549 OF 2009 The State of Maharashtra .. APPLICANT VERSUS Laxmanrao Jijaji Chatte & others .. RESPONDENTS Shri V.H. Dighe, APP for the State. ===== CORAM : R. M. BORDE, J. DATE : 6 th July, 2009. PER COURT : 1 Heard Shri V.H. Dighe, learned APP for the State. This is an application seeking leave to file appeal against the order of acquittal recorded on 12-2-2009 in RCC No. 421/09. 2 Accused / respondents are prosecuted for commission of offences punishable under section 324 and 323 r/w section 34 of the Indian Penal Code. It is the contention of the prosecution that PW 1 suffered grevious injury i.e. dislocation of right shoulder. However, on perusal of the judgment, it transpires that there was no radiological examination of the injured witness and the clinical diagnosis of the doctor was not confirmed. No evidence is placed on record showing that PW 1 Bhimrao is suffered any grevious injury. Trial court in the absence of any material in that regard has come to the conclusion that offence under section 325 of the Indian Penal Code has not 2 been made out. So far as the allegations in respect of commission of offence punishable under section 323 r/w section 34 of the Indian Penal Code is concerned, case of prosecution in that regard is also discrepant. Accused and complainant are admittedly neighbours and it is possible that there was some quarrel between them on the given date. However, prosecution has not proved the offence alleged against the accused beyond doubt. Merely because some other view is possible in the facts and circumstances of the case, is not a ground for causing interference in an order of acquittal. Application seeking leave to file appeal therefore stands rejected. Consequently, appeal also stands rejected. ( R. M. BORDE, J.) dyb/office/criappln1549.09.odt