1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.698/2011 in Criminal Appeal No. /2011 ( The State of Maharashtra, through PS.O., P.S. Sindewahi, Distt. Chandrapur ..Vs.. Ashok S/o Madhavrao Kulmethe ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Doifode, A.P.P. for State/appellant. CORAM : M.N. GILANI, J. DATED : 12.12.2011. 1. The State – appellant herein seeks to assail the judgment and order dated 23/6/2011 passed by learned Additional Sessions Judge, Chandrapur in Sessions Case No.101/2010 whereby the respondent – original accused was acquitted of an offence punishable under sections 353, 332, 504, 506 of the Indian Penal Code. 2. The offence with which the accused was charged is triable by the Magistrate. However, there was a counter case filed on the basis of report lodged by the accused – respondent. It was under Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. To ensure holding of the trial of both the cases simultaneously and by the same Court, this case was also committed to the Court of Sessions. 2 3. Six witnesses have been examined by the prosecution. Learned Additional Sessions Judge held that the evidence led by the prosecution is conflicting and he therefore, refused to place reliance on the prosecution case. 4. Perused the deposition of Babarao Korde (P.W.1) and Walmik Pendam (P.W.3). Babarao (P.W.1) deposed about the accused assaulting him when he refused to hand over tender book and also amount. This is corroborated by Walmik (P.W.3) who was the Sarpanch of the village Panchayat and was present on the spot. In that light of the matter, the arguable points are involved so far as it relates to the offence punishable under section 353 of the Indian Penal Code. Leave, so far as it relates to the offence punishable under section 353 of the Indian Penal Code, is granted. 5. Admit to the extent of offence punishable under section 353 of the Indian Penal Code. 6. Call R & P. 7. Action under section 390 of the Criminal Procedure Code. JUDGE Tambaskar.