Kailash Babu F/O Deceased Sadhana vs Dharmprakash @ Dharmdas
2023 Latest Caselaw 18165 MP

                                                       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 31 st OF OCTOBER, 2023
                                        CRIMINAL APPEAL No. 13467 of 2023

                          BETWEEN:-
                          KAILASH BABU F/O DECEASED SADHANA S/O LATE
                          SHRI PANCHAM LAL, AGED ABOUT 65 YEARS, R/O VIR
                          ABDUL HAMID NAGAR DIVIYAPUR DISTRICT AURAIYA
                          UP (UTTAR PRADESH)

                                                                            .....APPELLANT
                          (BY SHRI R.S. BHADORIYA - ADVOCATE )

                          AND
                          1.    DHARMPRAKASH      @     DHARMDAS      S/O
                                BHAGVANDAS KOLI, AGED ABOUT 64 YEARS, R/O
                                LUHAR VILLAGE CHOUKI RANIPUR POLICE
                                STATION   MAURANIPUR   DISTRICT JHANSI
                                (UTTAR PRADESH)

                          2.    ASHA W/O SHRI DHARMPRAKASH KOLI, AGED
                                ABOUT 64 YEARS R/O LUHAR VILLAGE CHOUKI
                                RANIPUR    POLICE   STATION  MAURANIPUR
                                DISTRICT JHANSI (UTTAR PRADESH),

                          3.    SARITA   W/O    SHRI NIRAJ    KOLI  D/O
                                DHARMPRAKASH KOLI, AGED ABOUT 32 YEARS,
                                R/O LUHAR VILLAGE CHOUKI RANIPUR POLICE
                                STATION   MAURANIPUR   DISTRICT JHANSI
                                (UTTAR PRADESH)

                          4.    VIKKIA MANVENDRA S/O SHRI DHARMPRAKASH
                                KOLI, AGED ABOUT 27 YEARS R/O LUHAR
                                VILLAGE CHOUKI RANIPUR POLICE STATION
                                MAURANIPUR   DISTRICT    JHANSI  (UTTAR
                                PRADESH),

                          5.    SANDHYA W/O SHRI JAIPRAKASH KOLI D/O
                                DHARMPRAKASH KOLI, AGED ABOUT 32 YEARS
Signature Not Verified
Signed by: ABDUR RAHMAN
Signing time: 03-Nov-23
1:01:26 PM
                                                        2
                                  R/O LUHAR VILLAGE CHOUKI RANIPUR POLICE
                                  STATION   MAURANIPUR   DISTRICT JHANSI
                                  (UTTAR PRADESH),

                          6.      MITHUN S/O SHRI DHARMPRAKASH KOLI, AGED
                                  ABOUT 31 YEARS R/O LUHAR VILLAGE CHOUKI
                                  RANIPUR    POLICE   STATION  MAURANIPUR
                                  DISTRICT JHANSI (UTTAR PRADESH),

                          7.      STATE OF M.P. P.S. HAJIRA GWALIOR (MADHYA
                                  PRADESH)

                                                                                        .....RESPONDENTS
                          (BY SHRI A.K. NIRANKARI - GOVT. ADVOCATE FOR THE
                          RESPONDENT/STATE)

                                  Th is appeal coming on for admission this day, Justice Rohit Arya
                          passed the following:
                                                                 ORDER

T h is appeal under Section 372 of Cr.P.C. has been filed by the appellant/complainant against the judgment dated 26/08/2023 passed by Sixth Additional Sessions Judge, Gwalior, M.P. in S.T.No.309/2019, whereby respondents No.1 and 6 have been acquitted from charges under Sections 498 (A), 304 (b) and 302 of IPC r/w Section 34 of IPC.

Having perused the impugned judgment, this Court is of the view that the Court below upon critical evaluation of the evidence placed on record has recorded impeccable findings and the same are found not to be vulnerable in the eyes of law particularly findings recorded in paragraphs 17 to 24 of the impugned judgment, therefore, this present appeal preferred by the appellant/complainant sans merits and is hereby dismissed.

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

Signature Not Verified
Signed by: ABDUR RAHMAN
Signing time: 03-Nov-23
1:01:26 PM