1 APPLN-5103.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.5103 OF 2010 The State of Maharashtra .... Applicant Vs. Rajaram Balu Khot & Ors. .... Respondents Ms M.M. Deshmukh, APP, for the Applicant-State. CORAM: R.C. CHAVAN, J. DATED: JULY 04, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondents ordered by the learned Special Judge, Sangli for the offences punishable under Sections 3(1)(x) and 3(1)(vi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 7(1)(d) of the Protection of Civil Rights Act, 1955 and Sections 504 and 506 of the IPC. The incident allegedly took place on 9-6-2008 when the complainant had gone to field Gat No.288 with his wife. The complainant claimed that he has a house in field Gat No.288. The complainant had already filed a Civil Suit bearing No.40 of 2 APPLN-5103.10 2008 in respect of the same field in which the trial Court had held that the field was in possession of the accused and not the complainant. Further, the report in respect of the incident appears to have been given on 14-6-2008 which was the basis for recording the FIR. While PW-1 Vilas, the complainant, and his wife PW-2 Nandatai did not state about the presence of Ashok, brother of Vilas at the spot, PW-3 Raosaheb who witnessed the incident and was examined, over-zealously stated about the presence of Ashok. The learned trial Judge therefore preferred to reject the evidence of all the three witnesses and rightly in my view. No errors can be found in the judgment. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)