The State Of Madhya Pradesh vs Saligram Jatav
2023 Latest Caselaw 12706 MP

                             1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                         BEFORE
            HON'BLE SHRI JUSTICE ROHIT ARYA
                            &
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                   ON THE 7 th OF AUGUST, 2023
                CRIMINAL APPEAL No. 4222 of 2023

BETWEEN:-
STATE OF MADHYA PRADESH THROUGH POLICE
STATION- POHARI, DISTRICT- SHIVPURI (MADHYA
PRADESH)

                                                    .....APPELLANT
(BY SHRI A.K. NIRANKARI- PUBLIC PROSECUTOR)

AND
1.    SALIGRAM JATAV S/O CHOTHURAM JATAV,
      AGED 65 YEARS, OCCUPATION: KRASHAK R/O
      GRAM GOOGRIPURA ARAKSHI KENDRA SIRSOD,
      DISTRICT- SHIVPURI (MADHYA PRADESH)

2.    RANJEET JATAV S/O SALIGRAM JATAV, AGED 25
      YE A R S , R/O GRAM GAGORIPURA ARAKSHI
      KENDRA SIRSOD, DISTRICT- SHIVPURI (MADHYA
      PRADESH)

3.    SANJAY JATAV S/O SALIGRAM JATAV, AGED 26
      YE A R S , R/O GRAM GAGORIPURA ARAKSHI
      KENDRA SIRSOD, DISTRICT- SHIVPURI (MADHYA
      PRADESH)

4.    HARISINGH JATAV S/O SALIGRAM JATAV, AGED
      38 YEARS, R/O GRAM GUGARIPURA ARAKSHI
      KENDRA SIRSOD, DISTRICT- SHIVPURI (MADHYA
      PRADESH)

                                                  .....RESPONDENTS


      Th is appeal coming on for admission this day, JUSTICE ROHIT
ARYA passed the following:
                                                                                                  2
                                                                                                  ORDER

Heard on I.A. No.5464/2023, which is an application under Section 378(3) of Cr.P.C. moved on behalf of State seeking leave to appeal against the judgment of acquittal dated 21/12/2022 passed by Session Judge Shivpuri, District- Shivpuri (M.P.) in S.T. No.132/2022.

We have heard learned Public Prosecutor appearing on behalf of State. We have also perused the impugned judgment.

The conclusion of acquittal drawn in favour of respondents particularly, in view of paragraphs 3, 13, 17, 24 and 30 of the impugned judgment, appears to be reasonable and plausible based on proper appreciation of evidence. The

judgment and the reasoning thereof, are not manifestly illegal or perverse to make out a case of miscarriage of justice. The judgment is impregnable as neither there is any illegality nor irregularity in the finding so recorded. Therefore, no compelling or substantial reasons for interference by this appellate Court and for grant of leave to appeal, are made out.

Accordingly, I.A. No.5464/2023 is rejected. Consequently, present appeal stands dismissed.

                                               (ROHIT ARYA)                                                  (DEEPAK KUMAR AGARWAL)
                                                  JUDGE                                                               JUDGE
                                  rahul



              Digitally signed by RAHUL SINGH PARIHAR



RAHUL SINGH

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d 0cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D48 7, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD 4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.08.08 17:05:56 +05'30'