1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2829 OF 2007 Prabhakar s/o Narayan Patil .. APPLICANT VERSUS Jagan s/o Madhav Johare & others .. RESPONDENTS Shri T.M. Venjane, Advocate holding for Shri G.V.Wani, Advocate for the applicant. Shri A.G. Talhar, Advocate holding for Shri V.V.Patil, Advocate for the respondents. ===== CORAM : R. M. BORDE, J. DATE : 24 th June, 2009. PER COURT : 1- This is an application seeking leave to present appeal against the order of acquittal recorded by the Judicial Magistrate, First Class, Jamner in RCC No. 24/2002 on 23-4-2007. 2- Complainant has lodged First Information Report against the accused making allegations in respect of commission of offence punishable under section 323, 325, 504 and 506 r/w section 34 of the Indian Penal Code. Trial court after recording 2 evidence of the prosecution and statement of the accused found that the prosecution has not established the case and as such directed acquittal of the accused. Trial court has recorded that the three witnesses examined by the prosecution namely Lalchand, Suresh and Pandurang have turned hostile. Prosecution also did not examine the wife of informant Prabhakar so also the Medical Officer and the Investigating Officer. There is a long standing dispute between the parties. In these circumstances, trial court found it unsafe to rely upon the prosecution version and, directed acquittal of the accused. Reasons recorded by the trial court are reasonable. Merely some other view is also possible in the facts and circumstances of the give case is not a ground for causing interference in an order of acquittal. Application is devoid of substance. Application stands rejected. Consequently, appeal also fails and stands dismissed. ( R. M. BORDE, J.) dyb/office/criappln2829.07