The State Of Madhya Pradesh vs Pandey @ Pandu Kol
2022 Latest Caselaw 5388 MP

                                                        1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                          HON'BLE SHRI JUSTICE SUJOY PAUL
                                                          &
                                     HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                               ON THE 12th OF APRIL, 2022

                                     MISC. CRIMINAL CASE No. 26242 of 2020

                              Between:-
                              THE STATE OF MADHYA PRADESH THROUGH ITS
                              POLICE STATION BEOHARI (MADHYA PRADESH)

                                                                                    .....PETITIONER
                              (BY SHRI YOGESH DHANDE, GOVERNMENT ADVOCATE)

                              AND

                              PANDEY @ PANDU KOL S/O RAMSAKHI KOL ,
                              AGED     ABOUT    40     YEARS, VILLAGE
                              HANUMMANPUR (MADHYA PRADESH)

                                                                                 .....RESPONDENTS


                            T h is application coming on for hearing this day, JUSTICE SUJOY
                      PAUL passed the following:
                                                        ORDER

Heard on the application seeking leave to appeal under Section 378(III)

o f Cr.P.C. against the impugned judgment dated 06.01.2020 passed by ASJ Beohari, District Shahdol in ST No.01/2019.

Shri Yogesh Dhande, learned Government Advocate submits that as per the prosecution story on 13.11.2018, an information is received by police that on 12.11.2018 at around 5pm, the respondent assaulted his father by fists and kicks in the courtyard of his house because of which he died. Although, eye witnesses turned hostile, it cannot be forgotten that all eye witnesses were family members and interested witnesses and therefore, they did not support the prosecution story. Since the blood stained, clothes, shoes were recovered at the instance of respondent and as per FSL report, the human blood was found on certain material, the Court below should not have acquitted the Signature SAN Not Verified respondent.

Digitally signed by RASHMI RONALD VICTOR We have heard the learned Government Advocate at length and perused Date: 2022.04.12 16:08:46 IST

the record.

Prima facie, we find substance in the argument of learned counsel for the State. Considering the aforesaid, we deem it proper to grant leave.

We order accordingly.

The matter be converted into Criminal Appeal. Registry shall issue bailable warrant of Rs. 25,000/- (Rupees Twenty five thousand only) to the respondents for a date to be fixed by the Registry.

Accordingly, this M.Cr.C. is disposed of.

     (SUJOY PAUL)                                   (DWARKA DHISH BANSAL)
        JUDGE                                              JUDGE
RS