1 APPLN 322 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.322 OF 2011 The State of Maharashtra .. Applicant. -versus Balasaheb Appa Desai .. Respondent. Mrs. P. P. Bhosale, APP, for the applicant. Mr. R. S. Ghatge, i/b Mr. A.S. Desai, for respondent NO.1. CORAM: R.C. CHAVAN, J. DATED: 2nd December, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent for the offence punishable under Section 304-A, read with 34 of the Indian Penal Code, by the learned Judicial Magistrate First Class, Gadhinglaj. Respondents-accused are alleged to have charged the fencing wire between their field and field of complainant Vishwanath Vithoa Choudhary. The wire of this fencing broke up and was lying in the field of Choudhary. Vishwanath’s father Vithoba sought to remove this wire and and was electrocuted. On the complaint of Vishwanath, an offence was registered. At the trial, the prosecution examined six witnesses. The complainant Yeshwant used to be in Mumbai and he did not know personally about the incident. P.W.2, Ashok Chavare, stated that he did not know in which field, who received shock 2 APPLN 322 OF 2011 and who died. P.W.3 Maruti stated that he could not state as to what was seized in the police station and stated that he did not read panchnama. P.W. 4 admitted that he did not know as to how Vithoba died. P. W.5 Raju Dhobale is employee of the Electricity Distribution Company, who claimed to have sent a letter at exh.21 to the police station. Even if it is proved that this letter mentioned that electric supply from the Load Despatch Centre was available to the concerned village, there is nothing to show that the applicants had charged the fencing wire which electrocuted Vithoba. The view taken by the learned Magistrate cannot be said to be perverse or improbable. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)