Gopal Mahore vs The State Of Madhya Pradesh
2023 Latest Caselaw 14813 MP

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                           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 8 th OF SEPTEMBER, 2023
                                         CRIMINAL APPEAL No. 11327 of 2023

                          BETWEEN:-
                          GOPAL MAHORE S/O SHRI DEVLAL MAHORE, AGED
                          ABOUT 62 YEARS, OCCUPATION: RETIRED, R/O ASHOK
                          COLONY MORAR DISTRICT GWALIOR (MADHYA
                          PRADESH)

                                                                               .....APPELLANT
                          (BY MS. RAGINI MISHRA-ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH INCHARGE
                                POLICE STATION THROUGH POLICE STATION
                                THATIPUR DISTRICT GWALIOR MP (MADHYA
                                PRADESH)

                          2.    DAMODAR GURJAR S/O SHRI VIRENDRA SINGH
                                GURJAR, AGED ABOUT 38 YEARS, SHIDDESHVER
                                NAGAR THATIPUR (MADHYA PRADESH)

                          3.    RAMKISHOR GURJAR S/O SHRI VIRENDRA
                                SINGH GURJAR, AGED ABOUT 33 YEARS,
                                SHIDDESHVER NAGAR THATIPUR (MADHYA
                                PRADESH)

                          4.    RAVI @ RAJPAL GURJAR S/O SHRI JAI SINGH
                                GURJAR, AGED ABOUT 23 YEARS, GADROLI P.S
                                BEHAT (MADHYA PRADESH)

                          5.    VINOD YADAV S/O SHRI PAL SINGH YADAV, AGED
                                ABOUT 38 YEARS, BLOCK C HURAWALI MURAR
                                (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                          (SHRI A.K. NIRANKARI-PUBLIC PROSECUTOR FOR RESPONDENT/STATE
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 9/9/2023
5:49:32 PM
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                          )

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

Present appeal under Section 372 of the Code of Criminal Procedure, 1973, has been preferred against the judgment of acquittal dated 11/08/2023 passed by Special Judge (Atrocities), Gwalior, District Gwalior (M.P.) in SC ATR No.116 of 2020.

The conclusion of acquittal drawn in favour of the respondent/accused particularly, in view of paragraphs No.3, 16, 17, 36, 37, 91 to 94 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 are made out.

Consequently, the present appeal stands dismissed.

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




Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 9/9/2023
5:49:32 PM