Dhaniram vs The State Of Madhya Pradesh
2023 Latest Caselaw 6030 MP

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                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                 ON THE 13 th OF APRIL, 2023
                                           CRIMINAL REVISION No. 1923 of 2005

                          BETWEEN:-
                          DHANIRAM S/O BABU SINGH RATHORE, AGED ABOUT
                          58 YEARS, VILL. KUDA P.S. DINDORI DISTT. DINDORI
                          (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (BY SHRI RAMANUJ CHOUBEY - ADVOCATE)

                          AND
                          THE  STATE        OF    MADHYA         PRADESH (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI HARSH GUPTA - PANEL LAWYER)

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                              ORDER

This criminal revision under Section 397/401 of Cr.P.C.has been filed

by the petitioner being aggrieved by the judgment dated 18.11.2005 passed in Criminal Appeal No.117/2005 by the learned Additional Sessions Judge, Dindori as well as the judgment dated 19.07.2005 passed in criminal case No.159/2001 by judicial Magistrate, Dindori.

Learned counsel for the appellant submits that the judgment passed by the learned Lower Appellate Court is bad both in law and facts, the learned lower appellate Courts wrongly believed the evidence of the prosecution witnesses in regard to the present applicant as the witnesses statement is full of Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 4/18/2023 5:13:54 PM

contradictions and omission and unexplained improvement. The learned lower appellate Courts erred in recording conviction only on the basis of uncorroborated evidence of related witnesses. It is also submitted that learned lower appellate courts itself disbelieved the evidence of the prosecution witnesses as far as in relation to the acquitted other three accused but without any reasonable explanation accepted for the present applicant. The evidence available on record itself not sufficient to convict the present applicant for any offence. The learned lower appellate Court further failed to appreciate this fact that the complainant Chain Singh was having sufficient reason to falsely implicate the present applicant along with the other co-accused as they are the

witnesses against the complainant for the offence under section 456 Registered vide Crime No.34/2001 in P.S. Dindori, dated 18.02.2001. Therefore, the judgment dated 18.11.2005 passed in Criminal Appeal No.117/2005 passed by learned Additional Sessions Jugde, Dindori as well as the judgment dated 19.07.2005 passed in Criminal Case No.159/2005 by Judicial Magistrate, Dindori be set aside in the ends of justice.

Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision. I have heard the arguments advanced by the learned counsel for the parties and perused the records of the Court below, Chain Singh (PW/4) injured has supported the prosecution and clearly stated that appellant, Dhaniram has been assaulted by Lathi in his waist and he sustained injury and pushed him due to which he fell down and injured his head. His son Deendayal (PW/1) also reached on the spot. Testimony of Chain Singh (PW/4) is also corroborated by Deendayal (PW/1), Kehar Singh (PW/2) and Mangal Singh (PW/3) who has also saw the appellant at the place of incident. Testimony of Chain Singh Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 4/18/2023 5:13:54 PM

(PW/4) is duly corroborated by medical evidence and testimony of Dr. B.P. Kale, medical officer (PW/7).

Looking to the material available on record, this court find no irregularity in the order passed by the learned Additional Sessions Jugde, Dindori & by Judicial Magistrate, Dindori. Therefore, no case is made out for interference.

Accordingly, criminal revision is dismissed.

(RAJENDRA KUMAR (VERMA)) JUDGE DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 4/18/2023 5:13:54 PM