Madhya Pradesh High Court
The State Of Madhya Pradesh vs Sanju @ Sanjay on 22 April, 2022
Author: Vivek Rusia
--1--
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
MCRC No. 31349 of 2018
(THE STATE OF MADHYA PRADESH Vs SANJU @ SANJAY AND OTHERS)
Dated : 22-04-2022
Shri Bhaskar Agrawal, learned counsel for the appellant/State.
The State of Madhya Pradesh has filed this application under Section
378 (3) of Code of Criminal Procedure seeking leave to file criminal appeal
against the non-applicants, who have been acquitted by the Additional
Sessions Judge, Dhar vide judgment dated 07.05.2018 passed in Sessions
Trial No.142/2014.
As per prosecution story, complainant- Rahul Thakur R/o village-
Sadalpur at present- Vikram Nagar, Dhar lodged a report that on the date of
incident i.e. on 17.02.2014, he was going to market by his motorcycle
bearing registration No.MP-11-MK-1383. His father and mother were also
coming in a Maruti Van when they reached near Panchmukhi Hanuman
Temple, three miscreants came on motorcycle and dashed him and fired at
him by country made pistol and mouser. He sustained gun shot injuries and
he started bleeding. The age of the miscreants was 18-20 years. The
complainant would identify them, if they are brought before him. Police
registered F.I.R. at crime No.132/2014 for the offence under Section 307 and
34 of IPC and Sections 25 and 27 of Arms Act against three unknown
persons.
During investigation, it was found that all theses appellants hatched a
criminal conspiracy to commit the murder of Rahul on account of transaction
in respect of sale of land. Police collected the mobile calls and documents
after arrest of these appellants. They all were put to trial under Section 120B
and 307/120B of IPC and Sections 25 and 27 of Arms Act.
--2--
After evaluating the evidence that came on record, the learned
Additional Sessions Judge has held that the complainant (PW-1) in cross-
examination admits that in police statement, he did not disclose about
dealing for land with the accused Sanjay and Ashish. He also admits that he
has already sold the land vide registered sale deed on 17.02.2013 and
received the entire sale consideration to one Nishar Patel. In paragraph
No.42, the learned Court has again held that PW-1 in cross-examination has
admitted that Yogesh Yadav executed power-of-attorney dated 01.09.2012 in
favour of Mukesh but, he cancelled in on 19.10.2012 and thereafter, the
property has been soled on 18.02.2013.
The learned trial Court has found that Ashu @ Ashish and Sanjay were
property dealer but the deal was cancelled as the property was not worth of
sale, therefore, on the basis of the evidence, the Court concluded that
criminal conspiracy is not established against these non-applicants to commit
murder of Rahul, hence, acquitted. There is no charge under Section 420,
467 and 468 of IPC for creation of forged documents in order to hatch
conspiracy to commit murder of Rahul in respect of the land transaction.
We have gone through the entire evidence and the findings recorded
by the Court and do not find any perversity in the judgment. The prosecution
has failed to prove the charge of conspiracy against these non-applicants,
therefore, they have rightly been acquitted. No case for grant of leave to
appeal is made out. Accordingly, the present application is dismissed.
(VIVEK RUSIA ) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
N.R.
Digitally signed
by NARENDRA
KUMAR RAIPURIA
Date: 2022.04.23
17:43:13 +05'30'
