The State Of Madhya Pradesh vs Brijmohan
2023 Latest Caselaw 3155 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                       HON'BLE SHRI JUSTICE ROHIT ARYA
                                                       &
                                 HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                             ON THE 21 st OF FEBRUARY, 2023
                                            CRIMINAL APPEAL No. 2768 of 2023

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

                                                                                 .....APPELLANT/STATE
                          (BY SHRI A.K. NIRANKARI-PUBLIC PROSECUTOR)

                          AND
                          1.    BRIJMOHAN S/O SHRI ANNU ADIWASI, AGE-45
                                YEARS

                          2.    RAHISH S/O SHRI KAMLU AADWASI, AGE-26
                                YEARS

                          3.    SIRNAAM S/O SHRI AMARLAL ADWASI, AGE-30
                                YEARS
                                RESIDENTS OF RAJPURA, POLICE STATION
                                BAIRAD,   DISTRICT  SHIVPURI  (MADHYA
                                PRADESH)

                                                                                     .....RESPONDENTS
                          (NONE FOR THE RESPONDENTS)

                                This appeal coming on for hearing this day, JUSTICE ROHIT ARYA
                          passed the following:
                                                             ORDER

Heard on IA. No.3638 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment of acquittal dated 09.12.2022 passed by VII Additional Sessions Judge, Shivpuri, District Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 2/22/2023 6:49:22 PM

Shivpuri (Madhya Pradesh) in Sessions Trial No.210/2021, whereby respondents No.1 and 3 Brijmohan and Sirnam have been acquitted of the charges levelled against them under Sections 323, 326 read with Section 34 and 506 Part II IPC and respondent No.2 Raheesh has been acquittal of the charges levelled against him under Sections 326, 323 read with Section 34 and 506 Part II IPC.

We have heard learned Public Prosecutor appearing on behalf of State. We have also perused the impugned judgment.

In the light of the findings of the Trial Court which are based on critical evaluation of the evidence on record, conclusion of acquittal drawn particularly

in view of paragraphs 16, 17 and 18 of the impugned judgment is found to be impregnable. Accordingly, IA. No. 3638 of 2023 is rejected.

Consequently, present appeal stands dismissed.

                               (ROHIT ARYA)                                (SATYENDRA KUMAR SINGH)
                                  JUDGE                                             JUDGE
                          pd




Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 2/22/2023
6:49:22 PM