1 APPLN-1330.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1330 OF 2010 The State of Maharashtra .... Applicant Vs. Sunil @ Balu Kondiba Bhandirge & Ors. .... Respondents Ms V.R. Bhosale, APP, for the Applicant-State. Shri Dnyaneshwar Deshmukh for the Respondents. CORAM: R.C. CHAVAN, J. DATED: JUNE 21, 2011 P.C: This is an application for leave to file appeal against the acquittal of the respondents for the offences punishable under Sections 323, 324 and 506 r/w Section 34 of the IPC by the learned Addl. Sessions Judge, Satara, by setting aside the conviction of the respondents recorded by the learned Judicial Magistrate, First Class, Vaduj. The learned Judge has observed in para 12 of his judgment that the three eye-witnesses examined, namely, the first informant, his wife and his daughter give a discrepant version about the incident. 2 APPLN-1330.10 The first informant claimed that he was injured by a sharp side of the axe whereas his daughter stated that he was hit with the handle of the axe. The victim's daughter stated that her father was assaulted on the left leg but the medical certificate did not show any injury on the left leg. She stated that her mother was assaulted on the thigh and the right leg. There were no injuries observed by the Medical Officer on these parts of the body. While three witnesses stated that two of the respondents were carrying sickles with them, three witnesses did not state that the two respondents were carrying sickles with them. One of the witnesses states that two of the respondents were carrying sickles. It cannot be said that the learned Judge erred in refusing to believe the discrepant evidence of the incident by the eye-witnesses. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)