The State Of Madhya Pradesh vs Dharmendra
2023 Latest Caselaw 11730 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 1015 of 2023
                                         (THE STATE OF MADHYA PRADESH Vs DHARMENDRA AND OTHERS)

                          Dated : 26-07-2023
                                Shri Sushant Tiwari - Govt. Advocate for the appellant/State.
                                Heard on I.A. No.1282 of 2023 which is an application filed u/s. 378 (3)
                          of Cr.P.C. for leave to appeal

                                This is an application for leave to appeal against the judgment of acquittal
                          dated 18.10.2022 passed in RCT No. 4607049/2014 whereby accused, namely,
                          Dharmendra s/o Jaipal Singh and Rahul Singh s/o Ramratan Singh Kushwaha
                          were acquitted of the offence punishable u/Ss. 287 r/w Section 34 and Section
                          338 of IPC.
                                Learned Counsel for the State submits that despite availability of the
                          evidence of injured and other witnesses duly corroborated by medical evidence
                          on record, learned Trial Court committed an error in acquitting the accused.
                          The offence alleged was clearly made out against both the accused, therefore,

                          impugned judgement is perverse and deserves to be set aside.
                                Record of RCT No.4607049/2014 is available. Perused the record.
                                Heard.
                                The injured Laxman (PW/4) has specifically stated about rash and
                          negligent act of accused Dharmendra and Rahul, which resulted in grievous
                          injury to his left hand. The medical evidence duly corroborates statement of the
                          injured. The contention of learned Counsel for the State has prima facie
                          substance.
Signature Not Verified
Signed by: ABDUR RAHMAN
Signing time: 28-Jul-23
11:08:29 AM
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                                The appeal appears to be arguable, therefore, I.A. No.1282 of 2023 is
                          allowed and the State is granted leave to appeal.
                                Let bailable warrants in the sum of Rs. 5,000/- be issued against
                          respondents Dharmendra and Rahul Singh for their appearance before this

Court on a date to be fixed by the Registry.

(SANJEEV S KALGAONKAR) JUDGE

ar

Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 28-Jul-23 11:08:29 AM