1 appln 4645 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4645 OF 2010 Ghansham C Kulpe .. Applicant. -versus Shri Sheshnath Ramchandra Koli and ors .. Respondents. Mrs. Gauri Godse, for the Applicant. Mrs. M. M. Deshmukh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 22nd June, 2011 P.C. 1. This is an application for leave to file appeal against judgment of acquittal of respondents, rendered by the learned J.M.F.C. Alibag, whereby he acquitted the respondents for the offences punishable under Sections 447, 379, 427, 504, 406 read with 34 of the Indian Penal Code. It is the applicant's case that though the land allotted by the Government was in the name of Undir Ali Samaj, the applicant was in possession for the last 40 to 50 years. In 1995 the Government ordered to hand over land to respondent No.6, yet the applicant continued to be in possession as trespasser. 2. The members of Undir Ali Samaj are the accused who are alleged to have committed trespass. The learned Magistrate held that the trespass was not proved because applicant’s Civil Suit was bearing No. 8 of 1996 came to be 2 appln 4645 of 2010 dismissed when it was held by the learned Judge held that the applicant failed to prove that he was in possession of land since time of his forefathers. The learned Judge held that he was in possession as member of Undir Ali Koli Samaj and therefore, he could not exclude the members of Undir Ali Samaj. This judgment has been maintained even in the High Court. In view of this, it cannot be said that the learned Magistrate erred in acquitting respondents. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)