The State Of Madhya Pradesh vs Aditya
2023 Latest Caselaw 14593 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                             ON THE 5 th OF SEPTEMBER, 2023
                                             CRIMINAL APPEAL No. 234 of 2023

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION PIPLODA TEH.
                          JAORA (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          ( MS.MRADULA SEN-PL ).

                          AND
                          ADITYA S/O RAMESHCHANDRA MAHESHWARI, AGED
                          ABOUT 34 YEARS, MANDSAUR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS


                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                              ORDER

1.This is an appeal filed under Section 378(3) of the Code of Criminal

Procedure, 1973 against the order dated 02.09.2022 passed by the learned Judicial Magistrate First Class, Javra, Ratlam, in Criminal Case No. -RCT No. 401764/2015, whereby the accused has been acquitted from offences under Sections 279, 304 of IPC.

2.Learned counsel for the appellant submitted that the learned trial Court has committed the error of not considering the facts and circumstances of the case and by ignoring the statements of witnesses. The judgment is contrary to law and to the evidence available on record. It is therefore prayed that the order Signature Not Verified Signed by: VARSHA DUBEY Signing time: 9/8/2023 4:13:36 PM

of the Trial Court be set aside and the accused be convicted for the aforesaid offence.

3.In view of the arguments and material available on record and also the statements placed by learned counsel for the appellant, the matter has been considered on the basis that only eye-witness Balram has initially stated the fact that he knows the respondent but in the cross-examination he has fairly admitted that he has not seen the respondent at the place of incident as he was busy in pulling the dead body of the deceased. Hence, the order of acquittal of the learned Trial Court does not warrant any interference.

4.In view of the aforesaid discussion, in entirety, the leave to appeal

against acquittal is hereby dismissed.

(PREM NARAYAN SINGH) JUDGE VD

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 9/8/2023 4:13:36 PM