Madhya Pradesh High Court
The State Of Madhya Pradesh vs Sanat Kumar Sahu on 7 March, 2022
Author: Sujoy Paul
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 7th OF MARCH, 2022
MISC. CRIMINAL CASE No. 41565 of 2020
Between:-
THE STATE OF MADHYA PRADESH THR. P.S.
RAMPUR NAIKIN DIST. SIDHI (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI YOGESH DHANDE, LEARNED GOVT. ADVOCATE)
AND
1. SANAT KUMAR SAHU S/O RAMASHANKAR SAHU ,
AGED ABOUT 30 YEARS, R/o- PIPRAHI P.S. LAUR
DIST. REWA (MADHYA PRADESH)
2. SUNIL KUMAR SAHU S/O KALANDAR PRASAD
SAHU, AGED ABOUT 37 YEARS, R/O VILLAGE
PALHAN, P.S.BAIKUNTHPUR REWA (MADHYA
PRADESH)
3. INDRASHARAN SAHU S/O RAMKHELAWAN SAHU ,
AGED ABOUT 40 YEARS, R/O VILLAGE PONDI
KALA, P.S.-ATRAILLA DISTRICT-REWA (MADHYA
PRADESH)
4. RAJESH GUPTA S/O PURANLAL GUPTA , AGED
ABOUT 38 YEARS, R/O VILLAGE CHAKGHAT REWA
(MADHYA PRADESH)
5. GULSHER ALI @ MULLU S/O MUSHTAK ALI , AGED
ABOUT 40 YEARS, R/O VILLAGE BYOHARI,
P.S.BYOHARI (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
Th is appeal coming on for admission this day, JUSTICE DWARKA
DHISH BANSAL passed the following:
ORDER
Heard on the question of grant of leave.
2. This is an application filed under Section 378(III) read with Section
378(I) of Cr.P.C seeking leave to appeal against the impugned judgment dated 24-
Signature Not Verified
SAN
02-2020 passed in ST No. 143/12.
Digitally signed by PARMESHWAR GOPE
Date: 2022.03.09 10:34:16 IST
3. As per prosecution case on 27-02-2012 at about 7:40 P.M, the
accused namely Sunil Kumar, Gulsher Ali @ Gullu and Indrasharan Sahu being
driver of Truck No. MP-17-HH-1337, MP-17-HH-0836 and MP-17-HH-1336 and
having common intention changed the number plates of the trucks showing fake
numbers i.e. MP-18D-0630, MP-18D-0750 and MP-18C- 3445 and made
conspiracy to take the loaded coal mineral in the trucks to any other place except
to J.P. Cement, Baghwar for which the trucks were loaded and thereby cheated the
complainant Pradeep Singh Om Shri Transport Company J.P. Cement Bhaghwar
and also prepared false bilti(s) with the intention of cheating and also committed
theft. It is also the case of the prosecution that the accused persons transported the
coal mineral illegally without any licence/transit pass.
4. Shri Yogesh Dhande, learned counsel for the State submits that the
Court below has committed an error in appreciating the evidence. The counsel
referred to paragraph-23 of the impugned judgment and contended that seizure
memo prepared on the spot ( Exhibit P/5 to P/7), which have been supported by
PW-5- Sudhir Kumar and PW-7-Basant Pandey, prove that fake numbers were
used on the three trucks involved in the offence and the accused persons
committed offence punishable under Sections 420, 467, 468, 471, 379 read with
Section 34 IPC and Section 3/4 of Mines and Mineral ( Development and
Regulation) Act, and instead of acquitting them, they should have been convicted
for the aforesaid offences. It is further contented that the learned Court below has
not considered the evidence of PW-1, PW-8 and PW-9, who are witnesses
belonging to the Police Department. Further, learned Court below has erred in not
considering the evidence of PW-2, PW-7, PW-10 and PW-11, who have
supported the case of the prosecution.
5. We have heard the learned counsel for the State and perused the
impugned judgment and record.
6. Learned Court below has considered the evidence adduced by the
prosecution in paragraph-32 & 33 of its judgment and recorded finding that the
transit passes ( Ex.D/1, Ex.D/2, & Ex.D/3) have been issued with regard to three
Signature Not Verified
trucks in question and there is ample evidence available on record that the
SAN
Digitally signed by PARMESHWAR GOPE
authorized employee of Shriom Transport Company itself got loaded coal mineral
Date: 2022.03.09 10:34:16 IST
in the trucks and got issued the bilti(s) as well as transit passes and ultimately in
presence of these transit passes ( Ex. D/1 to Ex. D/3) it cannot be said that coal
mineral was transported without licence and transit passes. Further vide
paragraph-25, learned Court has held that there is no documentary evidence on
record showing ownership of accused Rajesh Gupta relating to trucks in question
and vide paragraph-30, the learned Court below has considered evidence and
observed that the documents relating to fake numbers of trucks have not been filed
on record and ultimately vide paragraph-37 disbelived the prosecution story.
7. Accordingly, the Court below disbelieved the story of prosecution
case as the prosecution has failed to prove the identity of trucks in question by
producing the documents of both the trucks i.e. the documents showing real
number and fake number. Upon due consideration, learned court below has
acquitted the accused persons/respondents and it is well settled that if two views
are possible then, interference in the judgment of acquittal cannot be made only on
the ground of possibility of another/second view.
8. In our view, learned Court below has appreciated the evidence on
permissible parameters. The prosecution has failed to prove its case beyond
reasonable doubt. In the impugned judgment, the Court below has taken a plausible
view, which does not warrant any interference by this Court. Hence, leave
declined.
9. M.Cr.C is accordingly dismissed.
10. Record of the Court below be sent back.
(SUJOY PAUL) (DWARKA DHISH BANSAL)
JUDGE JUDGE
PG
Signature Not Verified
SAN
Digitally signed by PARMESHWAR GOPE
Date: 2022.03.09 10:34:16 IST
