Vijay Singh Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 20662 MP

Madhya Pradesh High Court

Vijay Singh Choudhary vs The State Of Madhya Pradesh on 6 December, 2023

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                              ON THE 6 th OF DECEMBER, 2023
                                            CRIMINAL APPEAL No. 10213 of 2022

                           BETWEEN:-
                           VIJAY SINGH CHOUDHARY S/O SHRI DEVENDRA
                           RAMCHANDRA, AGED ABOUT 54 YEARS, OCCUPATION:
                           FARMER R/O. VILLAGE NAYAGAON TEHSIL REHTI
                           DISTRICT SEHORE M.P.

                                                                                        .....APPELLANT
                           (BY SHRI R.S. YADAV - ADVOCATE)

                           AND
                           1.     THE STATE OF MADHYA PRADESH THROUGH
                                  POLICE STATION REHTI DISTRICT SEHORE M.P.

                           2.     DUSHYANT MALVIYA S/O SUBHASH, AGED ABOUT
                                  34 YEARS, R/O VILLAGE NAYAGAON, POST REHTI,
                                  DISTRICT SEHORE (MADHYA PRADESH)

                           3.     SHYAM MALVIYA S/O KISHORILAL, AGED ABOUT
                                  40 YEARS, R/O VILLAGE NAYAGAON, POST REHTI,
                                  DISTRICT SEHORE (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (RESPONDENT/STATE BY SHRI AMIT PANDEY - PANEL LAWYER)

                                  This appeal coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

This appeal is under Section 372 of the Code of Criminal Procedure questioning the validity of judgment dated 17.10.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities), 1989 Sehore, District Sehore in S.T. No.138/2021 acquitting respondent Nos. 2 and 3.

2. As per the case of the prosecution, on the basis of an FIR i.e. 568/2021, offence under Sections 294, 324, 34, 506( Part II) of IPC and Sections 3(1)(r), 3(1)(S), 3(2)(v-a) of SC/ST Act was registered against the accused persons. Charges were framed thereafter and statements of witnesses of the prosecution recorded by the trial Court. After recording the statements of witnesses, the trial Court scrutinized the same and after appreciation of the statements, gave its finding in para 22 onwards and observed that the witnesses i.e. Vijay Singh (PW-1) and Lakhanlal (PW-2) are not the trustworthy witnesses. The trial court also considered the statement of Dr. Meharban Singh (PW-4) and found that no injuries were noticed by the doctor over the body of the complainant and as

such, statements of the said witnesses have been discarded by the trial Court. The trial Court has also taken note of the statements of witnesses produced by the defence and finally observed that the prosecution has failed to prove its case beyond reasonable doubt and held that accused cannot be held guilty on the basis of the material available and collected by the prosecution.

3. Considering the judgment and on perusal of record, I am also of the opinion that there is no perversity in the impugned judgment. The trial Court has properly scrutinized and appreciated the statements of witnesses and ultimately found that the witnesses are not reliable and acquitted the respondent Nos. 2 and 3/accused of the charges levelled against them. As such, no interference is required in the present appeal and it is dismissed accordingly.

(SANJAY DWIVEDI) JUDGE rao