The State Of Madhya Pradesh vs Bacchu @ Pramod
2023 Latest Caselaw 12528 MP

                                                           1
                          IN       THE     HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                              ON THE 3 rd OF AUGUST, 2023
                                         MISC. CRIMINAL CASE No. 18681 of 2020

                         BETWEEN:-
                         THE STATE OF MADHYA PRADESH THROUGH THANA
                         ASWAR DISTRICT BHIND (MADHYA PRADESH)

                                                                                        .....APPLICANT
                         (BY SHRI ANIL SHUKLA-PUBLIC PROSECUTOR)

                         AND
                         BACCHU @ PRAMOD S/O HARISHANKAR UPDHAYAY,
                         AGE 30 YEARS, THANA ASWAR DISTRICT BHIND
                         (MADHYA PRADESH)

                                                                                      .....RESPONDENT


                               This application coming on for admission this day, the court passed the
                         following:
                                                            ORDER

This application seeking leave to appeal has been filed by the

applicant/State under Section 378(3) of Cr.P.C. against the judgement of acquittal dated 28.12.2019 passed by the Judicial Magistrate First Class Lahar, District Bhind in Case No./RCT No.870/2017, whereby the respondent has been acquitted from the charges framed under Sections 294, 325, & 506 Part II of IPC.

2. Prosecution case is mainly based on the statement of complainant Bhawar Singh (PW-1). He in Para 1 of his examination-in-chief has deposed that at the time of incident, respondent Bacchu and Pramod assaulted him with Signature Not Verified Signed by: AMAN TIWARI Signing time: 8/4/2023 6:14:22 PM

an axe on his right leg. His aforesaid statement is inconsistent as in the FIR lodged by him, it has specifically been mentioned that Bacchu assaulted him with an axe on his left leg. He in Para 5 of his cross examination has deposed that he was assaulted with sharp side of the axe, while Dr. Dilip Bhadoriya (PW-

5) in Para 2 of his cross examination has deposed that during MLC, no such injury was found on the body of the complainant. He specifically denied the fact that the injury found on the left leg of the complainant was caused by an axe. Complainant's wife Dhanvanti (PW-4) has admitted that she had reached the spot after the incident; there is no other eye witness in the matter.

3. Upon perusal of the impugned judgment, this Court is of the

considered view that findings recorded are based on the proper appreciation of evidence and conclusions drawn are with due advertence to the material on record. As such, judgment is found to be impregnable in nature. There is no error apparent on the record necessitating grant of leave to appeal.

4. Accordingly, the instant application u/S 378(3) Cr.P.C. is hereby dismissed.

(SATYENDRA KUMAR SINGH) JUDGE Aman

Signature Not Verified Signed by: AMAN TIWARI Signing time: 8/4/2023 6:14:22 PM