MP 1 APPLN1079_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1079 OF 2011 The State of Maharashtra ... Applicant Versus Tukaram Ananda Thombare ... Respondent CORAM : J. H. BHATIA, J. DATE : 30TH SEPTEMBER 2011 Smt. G. P. Mulekar, APP for the Applicant. P. C. : Heard learned APP. Perused the impugned judgment in appeal as well as the evidence led by the prosecution. 2. The accused-respondent was convicted for the offence under Section 435 of the Indian Penal Code in Regular Criminal Case No. 130 of 2004 by the Joint Judicial Magistrate, First Class, Malkapur, District-Kolhapur. That order of conviction was set aside in Criminal Appeal No. 138 of 2007 by the learned Additional Sessions Judge, Kolhapur. The State seeks leave to prefer appeal against acquittal. 3. According to prosecution, the accused had set cattle-shed of one Sanjay Thombare to fire and caused damage. According to prosecution, P.W.2- Tarabai, who is an aunt of Sanjay Thombare, had seen the accused setting the cattle-shed to fire. She claimed that she had raised alarm, due to which, a large number of people had gathered there and seen the accused running away. They also chased the accused but he succeeded in escaping. 4. The prosecution did not examine any independent witness to establish that the people had gathered there after hearing the alarm raised by Tarabai and had seen the accused running away. Thus, the independent evidence to provide MP 2 APPLN1079_11 corroboration to testimony of Tarabai was not produced before the Court, though it was available. Parties were admittedly had strained relations. The learned Sessions Court refused to place reliance on the testimony of Tarabai alone to hold the accused guilty. Taking into consideration the facts and circumstances and the reasons given by the Appellate Court, I do not find any substance in this appeal. 5. Therefore, the leave to prefer appeal is hereby refused and the application stands rejected. (J. H. BHATIA, J)