\%\6mo HIGH COURT OF CI-IHATTISGARH AT BILASPUR CR.M.P. No. 590/2009 State of Chhattisgarh, Through The Police Sfah'on —AJAK, Jagdalpur, District Bastar (C.G.). Latif Khan, Sic Abdul Jabbar, Aged about 62 years R/o Subhash Ward, Samant Gali, Thakur Tent House Road, Jagdalpur, District Bastar (C.G.). Smt. Aftab Begam, ' W/o Lah‘f Khan, aged about 52 years, R/o Subhash Waxd, Samant Gali, Thakur Tent House Road, Jagdalpur, Dishict Bastar (C.G.). APPLICATION FOR GRANT OF LEAVE TO APPEAL UNDER SECTION 378 ‘3] AND MEMORANDUM OF APPEAL UNDEg SECTION 378 ‘1! QF THE CODE OF CRIMINAL PROCEDURE, 1973. (sB :Hon’ble Mr. T.P.Sharma, J4 Present: Shn' Akhil Mishra, Dy. GA. for the State/applicant. Heaxd. This is a petin'on for grant of leave to appeal against the judgment of acquittal dated 13/8/09 passed by the Special Judge, under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989, Bastar at Jagdalpur in Sessions Trial No. 116/ 2008 whereby Court below has acquitted the respondents of the charge of Under Section 294 of the Indian Penal Code and under Section 3 (1)(10) of the Scheduled Castes and Scheduled Tribes (Plevention of Atrocities) Act , 1989. Judgment impugned and record of Comt below perused. Learned Counsel for the applicant/State submits that court below has not considered the evidence adduced on behalf of the prosecution sumcient for the conviction of the respondents. Judgment-impugned and evidence adduced on behalf of the prosecution reveals that there was some dispute relating to the possession of the property and complainant ORAL- ORDER (Passed on 14]01120 10) M’Pucm'r/ APPELLANT VERSUS NON-Appucm'rs 1. REspomnEm's along with other O$cers w¢nt to the house of the respondents and some incident took place during coursc of resistance. After appmciating the evidcnce available on mead Court below has acquitted the respondents judgment of acquittal is based on substantial evidence and Com below has tightly appreciated the evidence, I do not fmd any ground for grant of leave to appeal against the judgment of acquittal. Consequently, this petition is liable to be dismissed and it is hereby dismissed. /""‘x /’ Sd/. \ K‘Eldgejiw /{ T-P-Sharma In k \ >