HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.794 OF 2010 DATE:29.06.2010 Between: The State of AP., rep. by the PP, High Court of AP., …… Petitioner. And: N. Devaraj and 11 others …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.794 OF 2010 ORDER: The Public Prosecutor seeks to file this appeal against acquittal of the respondents 1 to 12/A-1 to A-12 who were charged in the lower court for offences punishable under Sections 448, 427 IPC and Sections 3(1) (v) and 3(1)(x) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act (in short, the Act) in Special Sessions Case No.23 of 2008 on the file of Special Sessions Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Secunderabad. In so far as offences punishable under Sections 448 and 427 IPC and Section 3(1)(v) of the Act are concerned, the lower court found that there is a bonafide dispute between the parties with regard to title to the property in question because there is civil suit in O.S.No.1274 of 2006 pending on the file of Junior Civil Judge, City Civil Court, Secunderabad. Though in Ex.D-1 plaint copy filed by P.W.1 in civil court, there is no mention of his caste as scheduled caste, the prosecution filed Ex.P-2 caste certificate relating to the victim P.W.1. But, the prosecution did not file any caste certificates relating to A-1 to A-12 to show that they do not belong to scheduled caste or scheduled tribe. Having regard to totality of circumstances, this Court is of the opinion that the lower court came to right conclusion in favour of the accused. There are no infirmities in the judgment of acquittal passed by the lower court. Hence, the appeal is dismissed. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:29.06.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.794 OF 2010 Date:29.06.2010 Gk.