1 APPLN-856.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.856 OF 2011 The State of Maharashtra .... Applicant Vs. Tulshiram Motiram Bagul & Ors. .... Respondents Ms P.P. Bhosale, APP, for the Applicant-State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 09, 2011 P.C: This is an application for leave to file appeal against the Judgment of acquittal of the respondents rendered by the learned Judicial Magistrate, First Class, Kalwan, District Nashik, whereby he acquitted the respondents of the offences punishable under Sections 143, 429, 504 and 506 of the IPC. The first informant and the respondents are neighbouring field owners. On 30-5-2007 the respondents are alleged to have beaten the first informant's bullock, tethered on the common boundary of the fields. A report about the incident seems to have been given on 2 APPLN-856.11 27-6-2007. The bullock was examined by a veterinarian on 20-6-2007 when the veterinarian found that the bullock had lost two teeth. In the report the first informant had mentioned that three persons, who are examined as PWs-4, 5 and 6, were eye-witnesses. However, they turned hostile. One Sunil who was examined as PW-8 stated that he learnt of the incident after the incident and he had seen that the bullock had injuries. The first informant's husband Narayan claimed to have seen the incident but the report, according to the learned Magistrate, shows that he could not have been present at the time of the incident. In the face of this evidence, it cannot be said that the learned Magistrate erred in concluding that the prosecution had not proved the case. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)