Madhya Pradesh High Court
The State Of Madhya Pradesh vs Sarvin on 7 December, 2023
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 7 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 4842 of 2023
BETWEEN:-
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION BADNAWAR
DISTRICT DHAR (MADHYA PRADESH)
.....APPELLANT
( BY SHRI D.G. MISHRA GA )
AND
1. SARVIN S/O RANGU MEDA, AGED ABOUT 20
YEAR S , R/O GRAM MINDI FALIYA PARTADA
THANA THANDLA DISTT. JHABUA (MADHYA
PRADESH)
2. RAJU S/O MANINGH MEDA, AGED ABOUT 24
YEARS, GRAM PARWADA PAADA FALIYA, THANA
THANDALA DIST. JHABUA (MADHYA PRADESH)
3. RAKESH S/O BALU MEDA, AGED ABOUT 23
Y E A R S , LINDI FALIYA PARTADA, THANA
THANDLA CHOUKI KHAWAS DIST. JHABUA
(MADHYA PRADESH)
4. FAIZAL S/O AADIL KHAN, AGED ABOUT 18 YEARS,
OCCUPATION: GRAM BHERUGARH STATION KE
PEECHE THANA THANDALA DIST. JHABUA
(MADHYA PRADESH)
.....RESPONDENTS
( NONE FOR THE RESPONDENTS)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
Heard on I.A. no. 4846/2023 filed under section 378(3) of Cr.P.C for
grant of leave to file appeal against the impugned judgment dated 18/01/2023
passed by Additional Judge of the Court of Additional Sessions Judge,
Badnawar, District - Dhar in Sessions Trial no. 05/2019 whereby,
respondents/accused have been acquitted from the charges under sections 120-
B, 397 of Indian Penal Code ( in short "IPC")
2/ Fact of the case in brief is that on 10/10/2018, complainant Rajkumar
Verma (PW-3) lodged FIR at police station - Badnawar by stating that on the
same day, he along with Gaurav were coming from Petlawad to Badnawar on
motorcycle bearing registration no. M.P-42-MK-6183 and they were carrying
Rs. 2,00,000/-. The motorcycle was being driven by Gaurav. At about 3.45 pm,
when they reached near Nageshwar Temple, two unknown miscreants came on
motorcycle from the side of Petawad and one of the miscreant attacked on
Gaurav by stick on his head, due to which, both of them fell down with
motorcycle on the spot, then other miscreant hit on his head and snatched the
bag containing Rs. 2,00,000/- cash. During investigation, the respondents/
accused were arrested. They were identified by the complainant and Gaurav.
During test identification parade, some of the articles and documents were
recovered from the possession of the accused persons. Accordingly, the
alleged offence was registered.
3/ After completion of investigation, charge-sheet was filed before the
trial Court. The accused persons/respondents pleaded innocence and false
implication in the case. The trial Court, after scrutinizing the evidence available
on record, acquitted the respondents/accused from all the charges. Being
aggrieved by the impugned judgment of acquittal, the application for grant of
leave to file appeal has been filed before this court.
4/ Learned GA for the appellant/State submitted that complainant
Rajkumar Verma (PW-3) and other eye witness Gaurav (PW-4) both of them
identified the accused persons in test identification parade. As per the statement
of Investigating Officer Anil Singh Dhuriya (PW-15) and other witnesses, it has
been proved that some of the looted articles from the possession of
respondents/accused persons, but the trial Court has not considered the
material evidence available on record and acquitted the accused persons on pity
grounds. The impugned judgment passed by the trial Court is neither legal, nor
proper. Hence he prays that the impugned judgment be set aside and application
for leave to file appeal be allowed.
5/ Heard learned GA for the appellant/State and perused the record.
6/ From perusal of statements of complainant Rajkumar Verma and
eye witness Gaurav (PW-4), it appears that they have identified some of the
accused persons/respondents during test identification parade conducted by
Tehsildar Yogendra Singh Mourya (PW-16). As per the identification memo
Ex.-P/33, it has been duly proved by the Tehsildar. Dr. M. Upasani also proved
that both the victim persons sustained several injuries as per MLC Ex.-P/36 and
query report Ex.-P/37 and 38. CCTV footage of the petrol pump has been
proved by victim/witness Gaurav (PW-4). From the statement of Investigation
Officer Anil Singh Dhuriya (PW-15), it has been proved that some of the looted
articles have been recovered from the possession of the respondents/ accused
persons and they have not given any satisfactory explanation for possessing the
said looted articles just after the incident. Seized articles have duly been
identified by complainant Rajkumar Verma and Gaurav.
7/ In view of the aforesaid discussions, the appellant/State has made
out case for grant of leave to file appeal. Accordingly, I.A no. 4846/2023 is
allowed.
8/ Registry is directed to register this case as Criminal Appeal.
9/ Let notice be issued to the respondents on payment of PF within
seven days; returnable within six weeks.
CC as per rules.
(ANIL VERMA)
JUDGE
amol
