Short Note : 1. This is an application on behalf of the State of M. P. under section 378 (3) of the Code of Criminal Procedure, 1974 for leave to entertain the appeal against the acquittal of the non-applicants made by the learned Judicial Magistrate, First Class, Badnawar, in Cr. Case No 501 of 1976. Held : It appears that the non-applicants, like other cultivators, wanted to take their bullock carts through the field of the complainant, but they Were wrongly restrained and on account of that some quarrel took place. Therefore, the story of the prosecution that the non-applicants voluntarily caused hurt to Swaroop Singh has been rightly disbelieved by the Court below, The acquittal is based purely on appreciation of evidence and hence, in our opinion, it is not a fit case wherein leave to entertain the appeal against the order of acquittal should be accorded. Application dismissed.