JUDGMENT The appeal is filed against the judgment and order of acquittal in R.C.C. No. 132/1999 which was pending in the Court of Judicial Magistrate, First Class, Dhule. The J.M.F.C. has acquitted the respondent, who was accused No. 1 in the said case of the offence punishable under sections 325, 323 and 34 of the Indian Penal Code. Both the sides are heard. The original record is perused by this Court. 2. The incident took place on 22.9.1999. The respondent No. 1 was trustee of the Educational Institute in the past and it was under the control of complainant and prosecution witnesses at the relevant time. The complainant was engaged in making some construction over the property of the educational trust. There are allegations that initially the present respondent and his two associates went there and they picked up quarrel in the morning. They again met to complainant at about 12.00 noon and at that time, the complainant was assaulted with fist blows and kicks by all the three accused. Due to the assault, the complainant sustained injury to his mouth and according to him, his two tooth became loose and he was required to take treatment in respect of injury caused to the teeth. 3. The prosecution has examined the complainant and two eye witnesses. In the F.I.R., the complainant had made vague allegations that all the three accused had together assaulted him. In the substantive evidence, the complainant has stated that the accused No.1, present respondent, held him and the accused Nos. 2 and 3 had actually made assault on him. Though other eye witnesses tried to involve accused No. 1/respondent also in the assault, in absence of substantive evidence from complainant, not much weight can be given to the versions of the witnesses that accused No. 1/respondent also played active part in the assault. It is not probable that all the three accused had assaulted on the face, as only one surface injury was caused to the complainant and two teeth became loose. In view of this possibility and the nature of evidence, the J.M.F.C. has acquitted the present respondent. 4. The learned counsel for the respondent filed a copy of the judgment delivered by the Sessions Court, Dhule in Criminal Appeal No. 18/2002. This appeal was filed by the accused Nos. In view of this possibility and the nature of evidence, the J.M.F.C. has acquitted the present respondent. 4. The learned counsel for the respondent filed a copy of the judgment delivered by the Sessions Court, Dhule in Criminal Appeal No. 18/2002. This appeal was filed by the accused Nos. 2 and 3, who were convicted for offence punishable under section 325 of I.P.C. The learned Sessions Judge has held that there cannot be conviction for offence punishable under section 325 of I.P.C. and they are held guilty for offence punishable under section 323 of I.P.C. Benefit of provisions of Probation of Offenders Act is given to accused Nos. 2 and 3. This decision has become final. In view of the aforesaid circumstances, this Court holds that the view taken by the Trial Court is a possible view and it is not possible to interfere in the decision given by the Trial Court, acquitting the respondent. 5. In the result, the appeal stands dismissed. Appeal dismissed.