Sharafat Khan vs Surendra Kirar
2023 Latest Caselaw 15030 MP

                             1
 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 12 th OF SEPTEMBER, 2023
               CRIMINAL APPEAL No. 11482 of 2023

BETWEEN:-
SHARAFAT KHAN S/O LATE SHRI REHMAN KHAN,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED GOVT.
TEACHER VILLAGE BAMORI, THANA BAMORI, DISTT.
GUNA, PRESENTLY R/O JEEN GHAR, GUNA (MADHYA
PRADESH)

                                                     .....APPELLANT
(BY SHRI ARSHAD ALI - ADVOCATE)

AND
1.    SURENDRA KIRAR S/O SHRI SHIVCHARAN
      KIRAR, AGED ABOUT 39 YEARS, GANGARAM
      COLONY, BAMORI THANA BAMORI, (MADHYA
      PRADESH)

2.    SHYAM SUNDER KIRAR S/O SHRI BHAGWAN LAL
      KIRAR, AGED ABOUT 44 YEARS, GANGARAM
      COLONY BAMORI THANA BAMORI DISTRICT
      GUNA (MADHYA PRADESH)

3.    SIYANAND KIRAR S/O SHRI GHASIRAM KIRAR,
      AGED ABOUT 44 YEARS, PANI KI TANKI KE PASS
      KUSHMODA THANA CANT DISTRICT GUNA
      (MADHYA PRADESH)

4.    GAJRAJ PAL S/O SHRI KOMAL SINGH PAL, AGED
      ABOUT 30 YEARS, PANI KI TANKI KE PASS
      KUSHMODA THANA CANT DISTRICT GUNA
      (MADHYA PRADESH)

5.    STATE OF M.P THROUGH POLICE STATION
      BAMORI DISTRICT GUNA (MADHYA PRADESH)

                                                   .....RESPONDENTS
                                       2
         (SMT. ANJALI GYANANI- PUBLIC PROSECUTOR FOR THE STATE)

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

This criminal appeal has been filed under Section 372 of Cr.P.C. against the judgment dated 31/07/2023 passed by 5th Additional Session Judge, Guna in S.T. No.62/2019, whereby respondents were acquitted by the trial Court.

We have heard learned counsel for the appellant as well as Public Prosecutor appearing on behalf of State. We have also perused the impugned judgment.

The conclusion of acquittal drawn in favour of respondents particularly,

in view of paragraphs 55 and 58 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.

Consequently, the present appeal is dismissed.

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


RAHUL SINGH
              Digitally signed by RAHUL SINGH PARIHAR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde

PARIHAR 4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB 9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.09.13 17:46:00 +05'30'