The State Of Madhya Pradesh vs Daulat Singh Yadav
2024 Latest Caselaw 15433 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Daulat Singh Yadav on 22 May, 2024

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

                                                                       1

                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT GWALIOR
                                                                 BEFORE
                                     HON'BLE SHRI JUSTICE RAJENDRA KUMAR-IV,
                                                                       &
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                              CRIMINAL APPEAL NO. 3363 OF 2024
                           BETWEEN:-

                                  STATE OF MADHYA PRADESH THROUGH
                                  POLICE    STATION     DHARNAVADA,
                                  DISTRICT GUNA (MADHYA PRADESH)


                                                                                               ........PETITIONER

                                  (BY SMT. ANJALI GYANANI- GOVERNMENT ADVOCATE)

                                  AND


                                  DAULAT SINGH YADAV, S/O IMRAT SINGH
                                  YADAV, AGED 35 YEARS, R/O VILLAGE
                                  DUMAWAN,       POLICE       STATION
                                  DHARNAVADA,      DISTRICT      GUNA
                                  (MADHYA PRADESH)


                                                                                            ........RESPONDENTS

                                  (BY SHRI)
                           ------------------------------------------------------------------------------------------

                           Reserved on                           :       02.05.2024
                           Pronounced on                         :       22.05.2024
                           ------------------------------------------------------------------------------------------
                                   This petition having been heard and reserved for orders, coming
                           on for pronouncement this day, Hon'ble Shri Justice Milind Ramesh
                           Phadke pronounced the following:
                                                                  ORDER

1. This application under Section 378 Cr.P.C. by the State is directed against the judgment dated 13.12.2023 passed by Fifth Additional Sessions Judge, Guna (M.P.) in Sessions Trial No.184/2021, seeking leave to appeal.

2. Upon perusal of the impugned judgment, particularly para 19, 20 and 21, we are of the considered view that the learned Trial Judge upon critical evaluation of the evidence placed on record has reached to an impeccable finding of facts not pregnable with illegality.

3. Consequently, neither there is any illegality nor irregularity in the findings so recorded.

4. As a result, the instant application for leave to appeal being sans merits is hereby dismissed.

                                         (RAJENDRA KUMAR-IV)                (MILIND RAMESH PHADKE)
                                              JUDGE                             JUDGE

                           (aspr)