Parmal Singh vs Rakesh @ Balli Choudhari
2023 Latest Caselaw 12029 MP

                                                     1
                          IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                  BEFORE
                                     HON'BLE SHRI JUSTICE ROHIT ARYA
                                                     &
                               HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 31 st OF JULY, 2023
                                        CRIMINAL APPEAL No. 9710 of 2023

                         BETWEEN:-
                         PARMAL SINGH S/O SHRI PRITHVI SINGH BUNDELA,
                         AGED ABOUT 42 YEARS, GRAM KARHIYA DISTRICT
                         GWLIOR (MADHYA PRADESH)

                                                                            .....APPELLANT
                         (BY SHRI PRADEEP KATARE, ADVOCATE FOR APPELLANT)

                         AND
                         1.    RAKESH @ BALLI CHOUDHARI S/O SHRI KALYAN
                               SINGH CHOUDHARY, AGED ABOUT 50 YEARS,
                               GRAM KARHIYA THANA BHITARWAR DISTRICT
                               GWALIOR (MADHYA PRADESH)

                         2.    RINKU @ RAJKUMAR CHOUDHARY S/O SHRI
                               KALYAN SINGH CHOUDHARY, AGED ABOUT 35
                               YE A R S , R/O KARHIYA THANA BHITARWAR,
                               GWALIOR (MADHYA PRADESH)

                         3.    AJAYPAL PARMAR S/O SHRI JAYDEEP SINGH
                               PARMAR, AGED ABOUT 42 YEARS, R/O GRAM
                               KARHIYA, THANA BHITARWAR, GWALIOR
                               (MADHYA PRADESH)

                         4.    SMT SHANKUNTLA W/O BALLI @ RAKESH
                               CHOUDHARY, AGED ABOUT 45 YEARS, R/O GRAM
                               KARHIYA, THANA BHITARWAR, GWALIOR
                               (MADHYA PRADESH)

                         5.    RINKU @ SHANKAR LAL SEN S/O RAMSEWAK
                               SEN, AGED ABOUT 42 YEARS, R/O GRAM
                               KARHIYA, THANA BHITARWAR, GWALIOR
                               (MADHYA PRADESH)

                         6.    JEETU @ JITENDRA SEN S/O SHRI DURG SINGH
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 8/3/2023
5:52:43 PM
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                               SEN, AGED ABOUT 32 YEARS, R/O GRAM
                               KARHIYA, THANA BHITARWAR, GWALIOR
                               (MADHYA PRADESH)

                         7.    INCHARGE POLICE STATION THE STATE OF
                               MADHYA     PRADESH GWALIOR   (MADHYA
                               PRADESH)

                                                                                      .....RESPONDENTS
                         (BY SHRI A.K. NIRANKRI- PUBLIC PROSECUTOR FOR RESPONDENT
                         NO.7/STATE)

                               This appeal coming on for admission this day, JUSTICE DEEPAK
                         KUMAR AGARWAL passed the following:
                                                             ORDER

This criminal appeal under Section 372 of CrPC has been filed by the

appellant/complainant against the judgment dated 22.06.2023 passed by learned First Additional Sessions Judge Dabra District Gwalior in S.T. No.16/2021 by which respondent No. 3,4, 5 and 6 have been acquitted from the offence punishable under Section 307, 452, 34 of IPC and respondent No.1 and 2 have been acquitted from the offence punishable under Section 307, 34 of IPC and respondent No.1 and 2 have been convicted for the offence punishable under Section 324/34, 452 of IPC.

Having perused the impugned judgment passed by learned trial Court especially Para 73 of the judgment wherein it has been specifically mentioned that the injury caused to the complainant was neither grievous nor dangerous to life, this Court is of the opinion that learned trial Court has rightly acquitted respondent No. 3,4, 5 and 6 from the offence punishable under Section 307, 452, 34 of IPC and respondents No.1 and 2 from the offence punishable under Section 307, 34 of IPC and convicted respondent No.1 and 2 for the offence punishable under Section 324/34, 452 of IPC. The judgment is impregnable as neither there is any illegality nor irregularity in the finding so recorded. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 8/3/2023 5:52:43 PM

Therefore, no compelling or substantial reasons for interference by this appellate Court and for grant of leave to appeal, are made out.

Consequently, the present appeal is dismissed.

                            (ROHIT ARYA)                                (DEEPAK KUMAR AGARWAL)
                               JUDGE                                             JUDGE
                         ojha




Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 8/3/2023
5:52:43 PM