Deva vs The State Of Madhya Pradesh
2023 Latest Caselaw 14084 MP

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                               IN   THE      HIGH COURT OF MADHYA
                                                 PRADESH
                                                AT INDORE
                                                BEFORE
                               HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                          ON THE 28 th OF AUGUST, 2023
                                       CRIMINAL APPEAL No. 6718 of 2023

                         BETWEEN:-
                         DEVA S/O PALA, AGED ABOUT 72 YEARS,
                         OCCUPATION: LABORUR VILLAGE SINGUN, POST
                         BILWA, RAJPUR, DISTT. BARWANI (MADHYA
                         PRADESH)

                                                                             .....APPELLANT
                         (HARISH CHANDRA TRIPATHI, LEARNED COUNSEL FOR THE
                         PETITIONER .

                         AND
                         1.    THE STATE OF MADHYA PRADESH STATION
                               HOUSE    OFFICER    THROUGH     POLICE
                               STATION A.J.K. BADWANI DISTT. BADWANI
                               (MADHYA PRADESH)

                         2.    PRAMOD S/O LATE SHRI SHIVSHANKAR
                               SUGANDHI, AGED ABOUT 59 YEARS,
                               OCCUPATION:  ADVOCATE    HANUMAN
                               MOHALAH RAJPUR, P.S. RAJPUR DISTT.
                               BARWANI (MADHYA PRADESH)

                         3.    PRADEEP S/O LATE SHRI SHIVSHANKAR,
                               AGED ABOUT 49 YEARS, OCCUPATION:
                               ADVOCATE HANUMAN MOHALLAH RAJPUR,
                               DIST. BARWANI (MADHYA PRADESH)

                                                                          .....RESPONDENTS
                         (SHRI MUKESH SHARMA APPEARING ON BEHALF OF ADVOCATE
                         GENERAL.

                               This appeal coming on for hearing this day, after hearing the
                         counsel on admission and application for condonation of delay, the


Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 9/1/2023
6:37:29 PM
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                         court passed the following:
                                                         JUDGMENT

1. The appellant has filed the present appeal under Section 14(A-1) of SC/ST (P.A.) Act being aggrieved by the order dated 24.11.2022 passed by Special Judge (Atrocities) Barwani (M.P.) whereby the learned trial Court has acquitted the respondents from the charges under Sections 294 and 506 of IPC & under Section 3(1)(d-r), 3(1)(dh-s) and 3(2)(v-a) of SC/ST (PA) Act.

2. As per the prosecution story, on 19.03.2020, complainant/appellant Deva lodged a report that the respondents are having illegal possession on their ancestral land and constructed the same. At about 6PM, when he was sitting out of his shop, the respondents came

there and assaulted on him by kicks and fists after abusing him in filthy language. It is also alleged that the respondents have also abused him in the name of his caste. Hence, the FIR was lodged and after following the due procedure of law, charge-sheet was filed against the respondents.

3. After the appreciation of the evidence available on record, the learned trial Court has acquitted the respondents from the aforesaid charges.

4. Learned counsel for the appellant submits that in this case, the case of the prosecution is well supported by the evidence but instead of that, the learned trial Court has acquitted the respondents. The learned trial Court has not appreciated the evidence available on record as well as the statements of the witnesses who have supported the case of the prosecution. Hence, prays for allowing the appeal.

Signature Not Verified Signed by: AMIT KUMAR Signing time: 9/1/2023 6:37:29 PM

5. I have heard the learned counsel for the appellant and gone through the impugned judgement.

6. Firstly, this Court is required to examine the application i.e. I.A. No.11029/2023 which is an application for condonation of delay of 78 days.

7. For the reasons assigned in the application, the same is allowed and delay stands condoned.

8. So far as the merits of the case is concerned, the learned trial Court has passed the impugned judgment after considering each and every aspect of the case and the learned counsel for the appellant is unable to point out the evidence which has not been considered by the learned trial Court while passing the judgement. From the face of judgement, it is also clear that the learned trial Court has also not found the charges of SC/ST (PA) Act proved against the respondents. Therefore, the findings of the learned trial Court regarding acquittal of the respondents are found without any infirmity or illegality and hence, no interference is warranting. The appeal filed by the appellant is dismissed in limine.

(PREM NARAYAN SINGH) JUDGE amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 9/1/2023 6:37:29 PM