1. Heard.

2. The State has filed this petition under S.378(3) of the Code of Criminal Procedure for grant of leave to file an appeal against the judgment of acquittal dated 29-9-2006 passed by the Judicial Magistrate First Class, Jangir, in Criminal Case No. 493/2005.

3. The petition is barred by limitation of 405 days and I. A. No. 1 /08 has been filed for condonation of delay in filing the petition.

4. The brief facts are that charges were framed under S.294, 506 Part II and 447 of I.P.C. against the respondents on account of an alleged incident which took place at about 2.00 p.m. on 8-11-2001 in village - Pamgarh. The allegations are that they abused the complainant namely Dushyant Kumar (PW 2), threatened him and also demolished the wall, which was being constructed on the directions of the complainant. The complainant claims that the wall was being constructed on his own land and such action of the respondents was punishable under the aforesaid Sections of I. P. C. After conducting trial, the Trial Court, on the face of evidence of defence witnesses namely Ram Kumar Keskar (DW 1) and Deendayal Bashkar (DW 2), disbelieved the version of the complainant - Dushyant Kumar (PW 2) as