1 appln 5844 of 2009 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5844 OF 2009 The State of Maharashtra .. Applicant -versus Sambhaji K Padalkar and ors .. Respondents. Mrs. M.M. Deshmukh, APP for the Applicant. Mr. G. N. Salunke, for original complainant. Mr. Vishal Kolekar for Respondent Nos 1 to 4. CORAM: R.C. CHAVAN, J. DATED: 14th June, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of respondents for the offences punishable Section 324, 323 and 504 r/w 34 of the Indian Penal Code, rendered by the learned Judicial Magistrate First Class, Karad, District: Satara. Learned APP as well as learned counsel for the applicant may be right in submitting that the learned Magistrate need not have relied on a stray statement in the Medical Officer’s cross examination that the injury was possible by fall on sharp objects and should not have gone to imagine that roads in the rural areas are full of sharp stones. Yet the learned Magistrate rightly appreciated the evidence of witnesses whom he had an opportunity to see in person and concluded that the evidence did not inspire confidence. The 2 appln 5844 of 2009 incident in question took place because P.W.2 stepped on the bed of the accused person. There is nothing to show that P.W. 2 had suffered any injury. P.W Nos 1 and 3 reached the place afterward i.e. after P.W.2 stepped on the bed of the accused person. P.W.1 is shown to have suffered external injury by knife on the left shoulder of size 2 cm x 2 cm x 1.1/2cm. It cannot be said that the appreciation of evidence by the learned Magistrate of witnesses whom he had an opportunity to see in person who all belong to the community of the applicant, was wrong. Hence, since there is no perversity in the judgment, no case for grant of leave made out. Application rejected. Appeal dismissed. (R. C. CHAVAN, J.)