The State Of Madhya Pradesh vs Shivcharan Lodhi
2023 Latest Caselaw 19505 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Shivcharan Lodhi on 22 November, 2023

Author: Rohit Arya

Bench: Rohit Arya, Amar Nath Kesharwani

                                1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
            HON'BLE SHRI JUSTICE ROHIT ARYA
                            &
      HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                 ON THE 22 nd OF NOVEMBER, 2023
                 CRIMINAL APPEAL No. 14463 of 2023

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

                                                           .....APPELLANT
(MS. ANJALI GYANANI - PUBLIC PROSECUTOR )

AND
1.    SHIVCHARAN LODHI S/O SHRI BHAGWANDAS
      LODHI, AGED ABOUT 36 YEARS.

2.    MAN SINGH S/O HALKERAM           LODHI, AGED
      ABOUT 31 YEARS.

3.    INDAR SINGH S/O BALKISHAN LODHI, AGED
      ABOUT 26 YEARS.

4.    BAGHRAJ LODHI S/O RAJARAM LODHI, AGED
      ABOUT 53 YEARS.
      ALL OCCUPATION - AGRICULTURE, R/O - GRAM
      TODA PICHHORE, JAMUN PURVA, THANA
      KARAIYA - DISTRICT SHIVPURI, MADHYA
      PRADESH.

                                                        .....RESPONDENTS


      This appeal coming on for order this day, Justice Rohit Arya passed
the following:
                                 ORDER

Heard on I.A. No.21244 of 2023, which is an application under Section

378 (3) of Cr.P.C. moved on behalf of the State seeking leave to appeal against the judgment of acquittal of respondents dated 28/08/2023 passed by the First Additional Sessions Judge, Karera, District Shivpuri (M.P.) in ST No.19/2021 whereby respondents have been acquitted of charges levelled against them under Sections 302 r/W 34, 201 of IPC.

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

T h e conclusion of acquittal drawn in favour of the respondent particularly, in view of paragraphs 26, 37 to 40 to 44, 46 & 47 of the impugned judgment, appears to be reasonable and plausible based on proper appreciation

of evidence. The judgment and the reasoning thereof, are not manifestly illegal or perverse to make out a case of miscarriage of justice. The judgment is impregnable as neither there is any illegality nor irregularity in the finding so recorded. Therefore, no compelling or substantial reasons for interference by this appellate Court and for grant of leave to appeal, are made out.

Accordingly, I.A.No.21244 of 2023 is rejected.

Consequently, present appeal stands dismissed.

          (ROHIT ARYA)                              (AMAR NATH (KESHARWANI))
             JUDGE                                           JUDGE
     SP

SANJEEV
KUMAR PHANSE
2023.11.23
12:16:52 +05'30'