Chhota vs State Of M.P.
2023 Latest Caselaw 6068 MP

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                             IN    THE     HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 13 th OF APRIL, 2023
                                           CRIMINAL REVISION No. 63 of 2006

                            BETWEEN:-
                            1.    CHHOTA S/O DIWAN SINGH KHANGAR , AGED
                                  ABOUT 26 YEARS, R/O KHATORA, P.S. INDAR,
                                  DISTT. SHIVPURI (MADHYA PRADESH)

                            2.    BADAM SINGH S/O SAMAR SINGH KHANGAR ,
                                  AGED ABOUT 31 YEARS, R/O KHATORA, P.S.
                                  INDAR, DISTT. SHIVPURI(MADHYA PRADESH)

                            3.    AMAR SINGH S/O NARAYAN SINGH KHANGAR ,
                                  AGED ABOUT 22 YEARS, OCCUPATION: R/O GRAM
                                  KHATORA,      POLICE     THANA       INDAR
                                  DISTT.SHIVPURI (MADHYA PRADESH)

                            4.    MUNNA S/O SUNDARA KHANGAR , AGED ABOUT
                                  25 YEARS, OCCUPATION: R/O GRAM KHATORA,
                                  POLICE     THANA      INDAR DISTT.SHIVPURI
                                  (MADHYA PRADESH)

                            5.    MALKHAN S/O BABULAL KHANGAR , AGED
                                  ABOUT     18  YEARS, R/O GRAM KHATORA,
                                  P.S.INDAR DISTT.SHIVPURI (MADHYA PRADESH)

                            6.    HALKU S/O KISHANLAL KHANGAR , AGED ABOUT
                                  30 YEARS, OCCUPATION: R/O GRAM KHATORA,
                                  P.S.INDAR DISTT.SHIVPURI (MADHYA PRADESH)

                            7.    RAMBHAN S/O SUNDARA KHANGAR, AGED
                                  ABOUT 22 YEARS, OCCUPATION: R/O GRAM
                                  KHATORA, P.S.INDAR DISTT.SHIVPURI (MADHYA
                                  PRADESH)

                            8.    SEETARAM S/O KISHAN LAL KHANGAR , AGED
                                  ABOUT 22 YEARS, OCCUPATION: R/O GRAM
                                  KHATORA, P.S.INDAR DISTT.SHIVPURI (MADHYA
                                  PRADESH)

                            9.    RAJJU S/O KISHANLAL KHANGAR , AGED ABOUT
                                  50 YEARS, OCCUPATION: R/O GRAM KHATORA,
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 4/13/2023
5:09:24 PM
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                                  THANA        INDAR D IS TT. S HIVPUR I (MADHYA
                                  PRADESH)

                            10.   NARAYAN S/O PYARELAL KHANGAR , AGED
                                  ABOUT 50 YEARS, OCCUPATION: R/O GRAM
                                  KHATORA, P.S.INDAR DISTT.SHIVPURI (MADHYA
                                  PRADESH)

                                                                                         .....PETITIONERS
                            (NONE FOR THE PETITIONERS )

                            AND
                            STATE OF M.P. THROUGH P.S .INDAR, DISTT. SHIVPURI
                            (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                            (BY SHRI P.S.RAGHUVANSHI - PUBLIC PROSECUTOR )

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

This criminal revision under Section 397 read with Section 401 of CrPC has been filed by applicant aggrieved by the judgment dated 09.01.2006 passed by Fourth Additional Sessions Judge, Shivpuri in Criminal Appeal No. 569 of 2005 affirming the judgment dated 25.10.2005 passed by the Court of JMFC, Shivpuri in Criminal Case No. 393 of 2004, by which the petitioners have been convicted under Sections 323/149, 326/149 and 148 of IPC and sentenced to undergo six months RI, One Year RI and six months RI with fine of Rs.100/- respectively.

Having perused the record and gone through the impugned judgments passed by learned trial Court as well as lower appellate Court, this Court is of the considered opinion that no illegality has been committed by the Courts below in passing the impugned judgments.

The Apex Court in the case of Duli Chand vs. Delhi Administration Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/13/2023 5:09:24 PM

as reported in (1975) 4 SCC 649, has held that the jurisdiction of the High Court in a criminal revision is severely restricted and it cannot embark upon a re-appreciation of evidence. The said judgment has been followed by the Apex Court in the case of State of Maharashtra vs. Jagmohan Singh Kuldip Singh Anand and others as reported in (2004) 7 SCC 659.

Accordingly, present criminal revision stands dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/13/2023 5:09:24 PM