Bala vs Krishna
2022 Latest Caselaw 7212 MP

                           1
        IN THE HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                           BEFORE
         HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                    ON THE 12th OF MAY, 2022

             CRIMINAL APPEAL No. 5432 of 2017

     Between:-
1.   BALA S/O GHUSAN GOULI , AGED ABOUT 62
     YEARS, R/O VILLAGE THUNIA UDNA, P.S DEHAT
     CHHINDWADA      DISTRICT    CHHINDWADA
     (MADHYA PRADESH)

2.   SANTRAM S/O BALAGOULI , AGED ABOUT 28
     YEARS, R/O VILLAGE THUNIA UDNA, P.S DEHAT
     CHHINDWADA      DISTRICT    CHHINDWADA
     (MADHYA PRADESH)

3.   SUNITA W/O MUNIM CHANDRAWANSI , AGED
     ABOUT 37 YEARS, R/O VILLAGE THUNIA UDNA,
     P.S   DEHAT     CHHINDWADA     DISTRICT
     CHHINDWADA (MADHYA PRADESH)

                                                  .....APPELLANTS
     (NONE FOR THE APPELLANTS )

     AND

1.   KRISHNA S/O LEELADHAR KALE , AGED ABOUT
     37 YEARS, R/O BADWAN, PS TAH. AND DISTT.
     CHHINDWARA (MADHYA PRADESH)

2.   MAHENDRA S/O KUBUK SALLAM , AGED
     ABOUT 38 YEARS, R/O THUNIA UDNA HAWAI
     PATTI, P.S.DEHAT CHHINDWARA DISTRICT
     CHHINDWARA (MADHYA PRADESH)

3.   VINOD S/O RAMDAS YUVNATI , AGED ABOUT 34
     YEARS, R/O BEHIND UNTKHANA/ ASHIRWAD,
     IMLIKHEDA,    TAHSIL  AND      DISTRICT
     CHHINDWARA (MADHYA PRADESH)

4.   THE STATE OF MADHYA PRADESH THR. POLICE
     STATION           CHHINDWARA DISTRICT
     CHHINDWARA (MADHYA PRADESH)

                                                 .....RESPONDENTS
                               2
        (BY SHRI ANKIT NEMA ADVOCATE FOR RESPONDENT No. 1 TO 3
        AND SHRI NARENDRA SINGH LODHI, PANEL LAWYER)

      This appeal coming on for final disposal at motion hearing this day,
the court passed the following:
                                    ORDER

This appeal under Section 372 of Cr.P.C. has been filed against the judgment dated 28.06.2017 passed in Cr.A. No. 1700188/2015 (Bala and others

Vs. Krishna and others) by the learned 2nd Additional Sessions Judge, Chhindwara.

On a perusal of impugned judgment dated 28.06.2017, it is revealed that victim Balaji, Santram and Sunita being aggrieved by the judgment dated

05.12.2014 passed by JMFC, Chhindwara in R.T. No. 1616/2012 (State of M.P. Vs. Krishan and others) had filed appeal under Section 372 of Cr.P.C. for enhancement of sentence before Sessions Judge, Chhindwara, said appeal was

dismissed by the learned 2n d Additional Sessions Judge by the impugned judgement. Against that order this appeal has been again filed under Section 372 of Cr.P.C. before this Court.

I have gone through the impugned judgment passed by learned JMFC

and 2nd ASJ, Chhindwara. Findings recorded by the Courts below in their judgments are in accordance with evidence of witnesses and other material available on record and are as per law and facts.

This appeal filed by the appellant/victim has no merit as no appeal can be filed for enhancement of sentence under Section 372 of Cr.P.C. As per the mandate of proviso of Section 372 of Cr.P.C, an appeal can be filed only against an order of acquittal of accused, convicting for a lesser offence or inadequate compensation. This appeal is not maintainable on any of the three grounds mentioned in Section 372 of Cr.P.C.

Thus, this criminal appeal being not maintainable is dismissed. Trial Court record along with a copy of order be sent down immediately.

(DINESH KUMAR PALIWAL) JUDGE L.R.

Digitally signed by LALIT SINGH RANA Date: 2022.05.12 17:22:43 +05'30'