Shankamar vs Angadh Singh
2023 Latest Caselaw 13486 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 18 th OF AUGUST, 2023
                                         CRIMINAL APPEAL No. 7927 of 2022

                          BETWEEN:-
                          1.    SHANKAMAR W/O SHRI MANDAL SINGH
                                RAJPOOT,     AGE-59    YEARS, OCCUPATION:
                                HOUSEWIFE, R/O PURI COLONY, WARD NO.12,
                                ARON, TEHSIL ARON, DISTRICT GUNA (MADHYA
                                PRADESH)

                          2.    MANDLE SINGH S/O LATE SHRI BABU SINGH,
                                AGE-66 YEARS, OCCUPATION: EX. GOVERNMENT
                                SERVANT,   R/O PURI COLONY, WARD NO.12,
                                ARON, TEHSIL ARON, DISTRICT GUNA (MADHYA
                                PRADESH)

                                                                            .....APPELLANTS
                          (SHRI AVDESH KUMAR SHARMA - ADVOCATE FOR THE APPELLANTS)

                          AND
                          1.    ANGADH SINGH S/O SHRI RAMSINGH RAJPOOT,
                                R / O VILLAGE CHARANPURA, POLICE STATION
                                CHANCHODA,     DISTRICT  GUNA   (MADHYA
                                PRADESH)

                          2.    MOHARBAI @ MORBAI W/O SHRI RAMSINGH
                                CHOHAN R / O VILLAGE CHARANPURA, POLICE
                                STATION   CHANCHODA,    DISTRICT  GUNA
                                (MADHYA PRADESH)

                          3.    RAMSINGH S/O PRAHLAD SINGH RAJPOOT, R/O
                                VILLAGE CHARANPURA,    POLICE STATION
                                CHANCHODA,    DISTRICT  GUNA   (MADHYA
                                PRADESH)

                          4.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE STATION CHANCHODA, DISTRICT GUNA
                                (MADHYA PRADESH)
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 8/21/2023
10:49:10 AM
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                                                                                       .....RESPONDENTS
                          (BY SHRI ANSHU GUPTA - ADVOCATE FOR RESPONDENTS NO.1 TO 3;
                          DR. ANJALI GYANANI - PUBLIC PROSECUTOR FOR RESPONDENT
                          NO.4/STATE )

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

Present appeal under Section 372 of the Code of Criminal Procedure, 1973, has been preferred against the judgment of acquittal dated 08.07.2022 passed by Additional Sessions Judge, Chachauda, District Guna (M.P.) in S.T. No.107 of 2015.

The conclusion of acquittal drawn in favour of the respondent/accused

particularly, in view of paragraphs 40, 41 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 are made out.

Consequently, the present appeal stands dismissed.

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




Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 8/21/2023
10:49:10 AM