1 APPLN-2535.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.2535 OF 2010 The State of Maharashtra .... Applicant Vs. Kashinath Shankar @ Ganapati Hajare & Anr. .... Respondents Shri Rajesh More, APP, for the Applicant-State. S/Shri K.S. Patil i/b Anant Vadgaonkar for the Respondents. CORAM: R.C. CHAVAN, J. DATED: AUGUST 04, 2011 P.C: This is an application for leave to file appeal against the Judgment and Order of the learned Addl. Sessions Judge, Sangli, acquitting the respondents of the offences punishable under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Section 7(1)(d) of the Protection of Civil Rights Act and Sections 143, 147, 148, 323, 504 and 506 Part- II r/w Section 149 of the IPC. The grievance of the first informant and his family members was, that on 2-1-2009 respondent No.1 was levelling 2 APPLN-2535.10 the road with a tractor. PW-1 Rajendra Kharat has admitted that there was a dispute between him and the respondents about the road. He had also admitted that in respect of that dispute proceedings were pending before the Tahsildar and notices had been issued for hearing on 6-11-2008. He also admitted that the respondent-Kashinath had filed a civil suit in December, 2008 and an ex parte temporary injunction was granted. He stated that he did not remember whether he had received suit summons and the notices on 2-1-2009, the day on which the incident is stated to have taken place at 12:00 noon. In this context, the learned Judge refused to believe the evidence of the first informant and his family members about obstruction. No fault can be found with the conclusions reached. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)