The State Of Madhya Pradesh vs Gunantrao
2023 Latest Caselaw 1876 MP

                                                        1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                           ON THE 2 nd OF FEBRUARY, 2023
                                         CRIMINAL APPEAL No. 9802 of 2022

                         BETWEEN:-
                         THE STATE OF MADHYA PRADESH THROUGH FOREST
                         RANGE KARMAJHIRI (PENCH) DISTT. SEONI (MADHYA
                         PRADESH)

                                                                                   .....APPELLANT
                         (BY SHRI SATPAL CHADHAR-GOVERNMENT ADVOCATE )

                         AND
                         1.    GUNANTRAO S/O HETRAM SONI, AGED ABOUT 43
                               YEARS, R/O GRAM TURIYA THANA KURAI, DISTT.
                               SEONI (MADHYA PRADESH)

                         2.    KAMAL S/O SHYAMRAO LOHAR, AGED ABOUT 46
                               YE A R S , R/O GRAM TURIYA THANA KURAI,
                               DISTRICT SEONI (MADHYA PRADESH)

                         3.    SUNIL S/O YADORAO GWARA, AGED ABOUT 42
                               YE A R S , R/O GRAM TURIYA THANA KURAI,
                               DISTRICT SEONI (MADHYA PRADESH)

                         4.    ATARLAL S/O HEERALAL GOND, AGED ABOUT 61
                               YE A R S , R/O GRAM TURIYA THANA KURAI,
                               DISTRICT SEONI (MADHYA PRADESH)

                         5.    VIPIN S/O DURGA PRASAD BARMAIYA, AGED
                               ABOUT 41 YEARS, R/O GRAM TURIYA THANA
                               KURAI, DISTRICT SEONI (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                         (NONE )

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

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 2/4/2023 1:08:29 PM

I.A. No.20389/2022, an application for condonation of delay under Section 5 of the Limitation Act has been filed.

This appeal has been filed after a delay of 26 days only. On due consideration, I.A. No.20389/2022 is allowed and delay caused in presentation of appeal is condoned.

Heard on merit.

I have gone through the findings recorded by learned trial Court in impugned judgment dated 26.03.2022 whereby appellants have been acquitted of offence under Section 9 and 50(6) read with Section 51 of Wild Life Protection Act, 1972.

On perusal of the findings recorded by the learned trial Court, it is apparent that complainant Forest Department examined 15 witnesses before the trial Court but could not prove its case beyond reasonable doubt. Learned trial Court has properly appreciated the evidence of all witnesses. As there was no substance in the evidence of the prosecution witnesses learned trial Court has rightly acquitted them. Hence, there is nothing on record on the basis of which it may be said that it is a fit case to grant leave to appeal. Therefore, as this case is not a fit case for grant of leave to appeal, same is declined and this appeal filed by the State being sans of merit is dismissed.

(DINESH KUMAR PALIWAL) JUDGE kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 2/4/2023 1:08:29 PM