1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1781 of 2009 IN CRIMINAL APPLICATION NO. OF 2009 The State of Maharashtra .. Applicant. vs. Dattatraya Kondu Sonawane & Ors. ..Respondents. .... Mr. D.P.Adsule, A.P.P. for the applicant. Mr. N.N. Sandhyanshiv for the respondents. .... CORAM : A.R. JOSHI,J. DATE : 10th July 2009. P.C.: Heard rival submissions for some time. 2. It is the leave petition preferred by State to file appeal against the acquittal of respondent nos.1 to 5- original accused for the offences punishable under Section 504, 506 read with 34 of Indian Penal Code and offences punishable under Section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention to Atrocities) Act, 1989. 3. Perused the documents annexed to the application also gone through the reasoning given by the Special Court while recording the acquittal. Admittedly, after the alleged incident in the morning of the relevant day of cutting the 2 trees, there was N.C. Complaint lodged by the accused persons alleging assault on them by the complainant party. Allegedly, on the same night there were some wrangle at the house of complainant party and there were abuses given to them by the accused persons. What is allegation against the accused is utterance of the word as  to removing the Kokani-caste people from the village . Apart from this, there was no any other abuse mentioned as uttered by the accused persons. 4. The Special Court dealt with the aspect of offences punishable under Section 504 and 506 of IPC and meanwhile considering that the complaint lodged against the accused being a counter blast to the N.C. earlier filed by the accused persons, trial court did not accept the case of complainant party. So far as the offence punishable under Section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention to Atrocities) Act, 1989 the reasoning is given by the Special Court is that the actual words used by the accused persons do not amount to insult and intimidation or humiliates the members of the Konkani caste and that also in any place within public view. Such reasoning given by the Special Court as admittedly there are no any allegations against the accused apart form using the words as to remove the Konkanis from the village. 3 5. Considering the above state of evidence, in the opinion of this Court, there is nothing to reagitate the present matter again in appeal before this court and as such, present leave petition is dismissed and accordingly disposed of. (A.R. JOSHI,J.)