Smt Biniyabai vs Ballu Sahu
2023 Latest Caselaw 6471 MP

                                                      1
                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 21 st OF APRIL, 2023
                                      CRIMINAL APPEAL No. 4667 of 2023

               BETWEEN:-
               SMT BINIYABAI W/O SHRI CHHAUA BAGHEL, AGED
               ABOUT 65 YEARS, R/O VILLAGE KERUA POLICE
               STATION BHITARWAR, DISTT. GWALIOR (MADHYA
               PRADESH)

                                                                                  .....APPELLANT
               (BY SHRI H.S.RANA- ADVOCATE )

               AND
               1.          BALLU SAHU S/O SHRI SITARAM SAHU, AGED
                           ABOUT 30 YEARS, R/O VILLAGE KERUA, POLICE
                           STATION BHITARWAR, GWALIOR (MADHYA
                           PRADESH)

               2.          DHANIRAM SAHU S/O SHRI SITARAM SAHU,
                           AGED ABOUT 28 YEARS, R/O VIL. KERUA P.S
                           BHITARWAR  DISTT. GWALIOR     (MADHYA
                           PRADESH)

                                                                               .....RESPONDENTS

                           Th is appeal coming on for hearing this day, t h e court passed the
               following:
                                                       ORDER

I.A.No.6157/2023, an application under Section 378(4) of Cr.P.C.seeking leave to file appeal against the judgment dated 6.2.2023 passed by the 1st Additional Sessions Judge, Dabra, Distt. Gwalior in S.T.No.18/2019 whereby trial Court has acquitted the respondents from the charge under Section 323 or Signature Not Verified Signed by: MADHU SOODAN PRASAD 323/34 of IPC.

Signing time: 24-04-2023 05:42:05 PM Heard learned counsel for the appellant and perused the impugned

judgment.

The trial Court found that there are variations in the statements of the witnesses. The trial Court further found that son of the complainant Banti on 14.2.2016 assaulted respondent Dhaniram with Lathi and in this regard trial is going on in S.T.No.576/2016 before the trial Court. The trial Court further found that on the basis of totality of facts & circumstances of the case, there appears a reasonable doubt that aforesaid incident has been committed by the respondents and accordingly acquitted the respondents.

No ground is made out to take a different view than the one which is taken by the learned trial Court.

I.A.No.6157/2023 seeking leave to file appeal stands rejected. Resultantly this appeal is dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 24-04-2023 05:42:05 PM