1 cri.appln.no.620 of 2011 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 620 OF 2011 The State of Maharashtra ... Applicant Versus Sunil Sitaram Pawar ... Respondent Mr. D.P. Adsule, A.P.P. for State/Applicant. CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : JULY 28, 2011 P.C. Heard. Perused the record. The respondent was charged for the offences punishable under section 307, 326 and 452 of Indian Penal Code. We have perused the evidence more particularly evidence of injured namely PW 1 Smt. Tika Krishan Thapa. In her evidence she stated that she was sleeping when accused entered her house forcibly, pushed her, then he switched off light and assaulted her with a knife on account of money transaction which he had with her husband. The prosecution has failed to establish the case 2 cri.appln.no.620 of 2011 against respondent beyond reasonable doubt. The evidence of injured is shaky. One of the noticeable deficiency in her evidence is that the test identification parade was not held though the witness has stated that accused was shown to her and she identified him while she was deposing in the court. Considering the facts and circumstances, and the evidence on record, we do not find any error with the view adopted by the trial court in acquitting the respondent. There is no merit in the application. Hence, leave to file appeal is refused. Application is rejected. Consequently, appeal also stands dismissed. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)