R.Subhash Reddy, J. - (1.) The State of Maharashtra has preferred this appeal aggrieved by the order dated 13.06.2008, passed by the High Court of Judicature at Bombay, in criminal Application No. 4504 of 2006.
(2.) On 01.09.1998 a complaint was lodged by one Shivram, who was examined as P.W.1 stating that on 29.08.1998 at around 9 O'Clock he was doing work in Hanuman Water Supply Society, sitting at Kalamma Milk Dairy. At that time the loud speaker was switched off. When he came out of Milk Dairy to know whey loud speaker was switched off, he found Ananda Ganpati Rhatol, Shankar Ganpati Rhatol, Yashvant Shripati Rhatol, Shivaji Bapu Khot, Rangrao Piraji Angaj, Shankar Ganu Metil, Samadhan Shankar Metil, Damodar Tukaram Raut, Ramesh Damodar Taut, Dattatraya Vasant Rhatol, Baburao Dattatray Rhatol, Baburao Jaysingh Rhatol, Ganpati Krishna Powar, Hanumant Krishana Powar and other persons approaching towards him and they had attacked and assaulted him. In the said attack, he stated that he was injured and hospitalized. Subsequently, after recovery, he lodged complaint on 01.09.1998, based on which FIR No. 1165/1998 was registered. Based on the complaint lodged, investigation was made and the respondents herein were charged for offences punishable under Sections 143, 147, 323 read with 149, 325 of I.P.C. and 135 of Bombay Police Act. After charge sheet was filed, case was tried by the learned 5th Additional Sessions Judge, Kolhapur. Vide judgment dated 06.09.2005 all the accused were acquitted of the charges framed against them.
(3.) The appellant-State has filed application seeking leave to prefer appeal as contemplated under Section 378(3) of Cr.P.C., 1973, which was numbered as criminal application No. 4504 of 2006. The aforesaid application was rejected by impugned order dated 13.06.2008 and the High Court declined leave to appeal. Hence this appeal by the State.;