The State Of Madhya Pradesh vs Girwar
2023 Latest Caselaw 14264 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                               ON THE 29 th OF AUGUST, 2023
                                         MISC. CRIMINAL CASE No. 12874 of 2022

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

                                                                                        .....APPLICANT
                           (BY SHRI G.S. CHAUHAN - PUBLIC PROSECUTOR)

                           AND
                           1.    GIRWAR S/O DIWAN SINGH RAJAWAT, AGED
                                 ABOUT 45 YEARS,

                           2.    DILIP S/O SHRI DIWAN SINGH RAJAWAT, AGED
                                 ABOUT 29 YEARS,

                           3.    MUNNA S/O SHRI DAROGA SINGH RAJAWAT,
                                 AGED ABOUT 23 YEARS,

                           4.    VINOD S/O SHRI JANAK SINGH RAJAWAT, AGED
                                 ABOUT 34 YEARS,

                           5.    VIKRAM S/O SHRI DAROGA SINGH RAJAWAT,
                                 AGED ABOUT 24 YEARS,

                           6.    MAHENDRA S/O SHRI DASHRATH                 SINGH
                                 RAJAWAT, AGED ABOUT 28 YEARS,

                           7.    RAKESH S/O SHRI DAROGA SINGH RAJAWAT,
                                 AGED ABOUT 38 YEARS,
                                 ALL R/O VILLAGE BAMOREKALAN THANA
                                 KOLARAS,   DISTRICT  SHIVPURI (MADHYA
                                 PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI DHIRENDRA SINGH NIRANJAN - ADVOCATE)

Signature Not Verified
                                 This application coming on for admission this day, the court passed the
Signed by: ABHISHEK
CHATURVEDI
Signing time: 29-08-2023
06:19:27 PM
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                           following:
                                                               ORDER

This application under Section 378(3) of the CrPC for grant of leave to file appeal has been preferred against the judgment dated 18.11.2021 passed by VII Additional Sessions Judge, Shivpuri in Sessions Trial No.2364/2016, whereby the respondents/accused persons have been acquitted from the charges punishable under Sections 147, 148, 149/308, 294, 506-B of IPC.

2. It has been alleged against the respondents that at the time of incident, respondents/accused persons armed with deadly weapons, such as, sword, wooden stick, luhangi, farsi and firearm gun assaulted complainant Sanju Yadav

and his brother Rinku Yadav. Complainant Sanju Yadav (PW-2) deposed that respondent Girwar Singh fired at him with his gun and the bullet of which hit below the knee of his left leg. He further deposed that respondent Vikram assaulted with sword on right side of his head and when his brother Rinku came and tried to save him, respondent Dilip assaulted him with sword on his right palm. Complainant's aforesaid statements are inconsistent with the other eyewitnesses specially Sultan Singh Yadav (PW-3), who is the member of complainant's family. He deposed that he saw the accused Girwar while firing in the air and the accused persons assaulted the complainant and his brother. Dr. Raghvendra Singh Rawat (PW-13) deposed that all the injuries found on the body of the complainant were caused by hard and blunt object. No injury was caused by firearm. Under these circumstances, learned Trial Court has not committed any error in finding the fact that statements of prosecution witnesses are inconsistent and prosecution has failed to prove its case beyond reasonable doubt.

3. Accordingly, this Court is of the view that findings recorded are based Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 29-08-2023 06:19:27 PM

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. Resultantly, the instant application being devoid of merits and is hereby dismissed.

(SATYENDRA KUMAR SINGH) JUDGE Abhi

Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 29-08-2023 06:19:27 PM