Citation : 2023 Latest Caselaw 14308 MP
Judgement Date : 31 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROHIT ARYA
&
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
ON THE 31 st OF AUGUST, 2023
CRIMINAL APPEAL No. 11094 of 2023
BETWEEN:-
RAMDULARE BAGHEL S/O SHRI HARIVILAS BAGHEL,
AGED ABOUT 46 YEARS, BHADOURIYA FARMHOUSE KE
SAMNE MOHIT NAGAR HAJURIPURA ROAD DISTRICT
BHIND (MADHYA PRADESH)
.....APPELLANT
(BY SHRI B.S. GOUR-ADVOCATE FOR APPELLANT )
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION THROUGH POLICE STATION
DEHAT DISTRICT BHIND MP (MADHYA PRADESH)
2. RAMSHANKAR BAGHEL S/O SHRI RAMSWAROOP
BAGHEL, AGED ABOUT 50 YEARS, WARD NO. 35,
SWANTRAT NAGAR, POLICE STATION CITY
KOTWALI, DISTRICT BHIND (MADHYA PRADESH)
.....RESPONDENTS
(SHRI A.K. NIRANKARI-PUBLIC PROSECUTOR FOR RESPONDENT/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 26/07/2023 passed by Sessions Judge, Bhind, District Bhind (M.P.) in S.T. No.163/2022 The conclusion of acquittal drawn in favour of the respondent/accused Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 9/1/2023 4:29:02 PM
particularly, in view of paragraphs 18, 19, 20, 22, 24, 25, 29, 35, 36, 39 & 40 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) (ROOPESH CHANDRA VARSHNEY)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 9/1/2023
4:29:02 PM
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