Vipin Sharma vs Abhishek Baghel
2023 Latest Caselaw 6877 MP

                              1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                         BEFORE
            HON'BLE SHRI JUSTICE ROHIT ARYA
                            &
      HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                    ON THE 27 th OF APRIL, 2023
                CRIMINAL APPEAL No. 5796 of 2023

BETWEEN:-
VIPIN SHARMA S/O BADRIPRASAD SHARMA, AGED - 30
YEARS, R/O WARD NO. 18 SHIVCHOK PANDAPURA
GANJBASODA DISTRICT VIDISHA (MADHYA PRADESH)
(BROTHER OF DECEASED)

                                                       .....APPELLANT
(BY SHRI S.S.RAJPUT-ADVOCATE)

AND
1.    ABHISHEK BAGHEL S/O KISHAN BAGHEL, AGED -
      20 YARS, R/O GRAM GHOSUA HAL NIWASI
      KABEETHPURA BASODA DISTRICT VIDISHA
      (MADHYA PRADESH)

2.    BRAJENDRA SINGH S/O NATHAN SINGH DANGI,
      AGED - 28 YEARS, R/O GRAM NANAKPUR
      NATERAN DISTRICT VIDISHA AT PRESENT
      KABEERPURA RAJODA ROAD BASODA DISTRICT
      VIDISHA (MADHYA PRADESH)

3.    THE STATE OF MP THROUGH POLICE STATION
      DEHAT BASODA DISTRICT VIDISHA (MADHYA
      PRADESH)

                                                    .....RESPONDENTS
(SHRI A.K.NIRANKARI-PUBLIC PROSECUTOR FOR RESPONDENT
NO.3/STATE)

      Th is appeal coming on for admission this day, JUSTICE ROHIT
ARYA passed the following:
                                ORDER

T h is criminal appeal under Section 372 of the Code of Criminal

Procedure 1973 is directed against the judgment dated 28.02.2023 passed by Third Additional Sessions Judge, Ganjbasoda, District Vidisha (M.P.) in S.T. No.41/2019, whereby respondents No.1 & 2 have been acquitted of the charges levelled against them under Sections 323 read with Section 34, 307 read with Section 34, 302 read with Section 34 of IPC.

We have heard learned counsel for the appellant. We have also perused the impugned judgment.

In the light of the findings of the Trial Court which are based on critical evaluation of the evidence on record, conclusion of acquittal drawn particularly in view of paragraphs 43, 44 & 45 of the impugned judgment is found to be

impregnable.

Consequently, present appeal stands dismissed.

   (ROHIT ARYA)                                   (SATYENDRA KUMAR SINGH)
      JUDGE                                                JUDGE
(alok)



             ALOK KUMAR
             2023.04.27
             17:15:50 +05'30'