1 Appln 466-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.466 OF 2011 The State of Maharashtra .Applicant V/s. Bajirao Banda Naikwadi & ors .Respondents Mr.Rajesh More, APP, for the Applicant - State None for the Respondents CORAM : R.C.CHAVAN, J. DATE : 11TH JULY, 2011 P.C. . Heard the learned APP for the applicant  State. 2. This is an application for leave to file an Appeal against acquittal of the respondents for the offences punishable under Sections 143, 147, 148, 336, 427, 504, 506 read with Section 149 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act & under Section 7(1)(d) of the Protection of Civil Rights Act ordered by the learned Additional Sessions Judge, Sangli. 2 Appln 466-2011 The learned APP made available for my perusal copies of depositions of witnesses. The Complainant, who was examined as PW-4 had stated that at 10:45 p.m. on 10th December, 2007 his son Raju woke him up saying that some persons from Walva had come. He claims to have seen accused Nos.1 & 2, Bajirao & Rahul. He asked Bajirao and Rahul, who were mounted on their motor cycles to come inside the house. They refused to go inside and asked him to call his son Vijay. Then they are alleged to have given caste based abuses as the Complainant happens to be Chambhar (Scheduled Caste). On asking as to what had happened, the accused told him that Vijay had to pay them the amount towards purchase of cement. The Complainant claims to have told them that he would bring that amount by 11:00 p.m. on the next day at Walva. Yet they shouted at the Complainant. His wife came out of the house and assured them that they would be repaying their amount by the next day. Two 3 Appln 466-2011 accused are alleged to have again asked to call Vijay. The Complainant did not wake up Vijay and came out of the house and saw many persons were gathered infront of his house. He called his brother and a respectable villager on mobile phone and requested them to come to the spot. Then he woke up his son Vijay and brought Vijay in the gallery of his house and asked Vijay as to how much was to be paid. Vijay told that he had promised to pay them by the next day. Thereafter, two accused persons and others are alleged to have moved away by 4 to 5 feet. Accused Bajirao is then alleged to have told Vijay to bring Cement Advertising Board on the next day in Walva. Vijay seems to have told them that the board belonged to the Company. Thereafter, again the persons gathered are alleged to have given some caste based abuses. The Complainant claimed to have pushed Vijay inside the house and closed door of the house. Thereafter, the persons gathered are alleged to have abused 4 Appln 466-2011 and pelted stones at the house. 3. The learned Judge refused to believe this evidence. It is difficult to hold that the accused would begin with salutation in the form of abuses and again repeat those abuses when in fact, the accused had almost left the place after being satisfied that the amount would be paid on the next day. The possibility of false implication to avoid payment therefore was not ruled out. The learned APP submits that due to pelting of stones, glass of windows and panel door of the house was broken. This would be a small price to pay to avoid payment of money on the next day. Therefore, view taken by the learned Judge cannot be faulted. Leave refused. Appeal dismissed. 4. Criminal Application is disposed of. (R.C.CHAVAN, J.) 5 Appln 466-2011