The State Of Madhya Pradesh vs Arvind
2023 Latest Caselaw 4637 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                      HON'BLE SHRI JUSTICE SUJOY PAUL
                                                      &
                                HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                                               ON THE 25 th OF MARCH, 2023
                                        MISC. CRIMINAL CASE No. 56025 of 2021

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THR. P.S.CHHAPARA
                          DISTT-SEONI (MADHYA PRADESH)

                                                                                        .....APPLICANT
                          (BY SHRI PRAMOD THAKRE - GOVERNMENT ADVOCATE )

                          AND
                          ARVIND S/O NEERSINGH INWATI, AGED ABOUT 22
                          YEARS, R/O KAIRNARA, P.S.CHHAPARA DISTT SEONI
                          (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (NONE FOR THE RESPONDENT )

                                This application coming on for admission this day, JUSTICE SUJOY
                          PAUL passed the following:
                                                             ORDER

Heard on question of grant of leave.

T his is an application seeking leave to appeal against the impugned judgment of acquittal of appellant dated 03.08.2021 passed in S.T.No.26/2017.

It is pointed out that as per prosecution story, on 22.02.2017 at around 10.15 PM, when complainant Shakarwati with her daughter Ajanwati, younger daughter Ahendra Kumari and both sons Indrajeet and Indra Kumar after having dinner was preparing to go to sleep, the appellant came there and started abusing the family members. When elder daughter of complainant namely Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 27-Mar-23 2:25:23 PM

Ajanwati came for her rescue, the appellant stated that why she is trying to save her and took out a knife and caused injury due to which Anjanwati succumbed to death within few minutes.

Learned counsel for the appellant/State submits that family members or eye-witnesses Ahendra Kumari (PW-2), Shakarwati (PW-3) and Indrajeet (PW-

4) have supported the prosecution story. Their statements could not be demolished during the cross-examine.

Apart from it, the knife was recovered from the appellant. As per FSL report (Ex.P/21), the human blood was found on the said knife (Article-A). The Court below has taken hyper-technical view and wholly relied upon the

statement of Kumar Uike (PW-1) and no justifiable reasons are recorded for disbelieving the statements of eye-witnesses and other witnesses.

We have heard the learned Government Advocate at length and perused the record.

A case is made out for granting leave to appeal. Leave is granted.

The case be converted into Criminal Appeal.

Registry shall issue bailable warrant of Rs. 20,000/- (Rupees Twenty Thousand Only) to the respondent for a date to be fixed by the Registry.

Accordingly, this M.Cr.C. is disposed off.

                               (SUJOY PAUL)                               (AMAR NATH (KESHARWANI))
                                  JUDGE                                            JUDGE
                          sm




Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 27-Mar-23
2:25:23 PM