Madhya Pradesh High Court
The State Of Madhya Pradesh vs Arshad on 19 February, 2025
Author: Vivek Rusia
Bench: Vivek Rusia, Pranay Verma
NEUTRAL CITATION NO.2025:MPHC-IND:4473
1
Cr.A. No.2042 of 2024
Cr.A. No.14590 of 2023
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE PRANAY VERMA
RESERVED ON 7th OF FEBRUARY, 2025
CRIMINAL APPEAL No. 2042 of 2024
THE STATE OF MADHYA PRADESH
Versus
ARSHAD AND OTHERS
Appearance:
Shri Amit Rawal, learned Government Advocate for the appellant /
State.
None for the respondents.
WITH
CRIMINAL APPEAL No. 14590 of 2023
ABDUL KADAR HUSSAIN
Versus
ARSHAD AND OTHERS
Appearance:
Shri Shubham Kusumkar, learned counsel for the appellant /
complainant.
Shri Amit Rawal, learned Government Advocate for the respondent
No.6 / State.
None for the remaining respondents.
Heard on : 07th February, 2025
Delivered on : 19th February, 2025
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 20-02-2025
5.04.34 PM
NEUTRAL CITATION NO.2025:MPHC-IND:4473
2
Cr.A. No.2042 of 2024
Cr.A. No.14590 of 2023
JUDGMENT
Per : Justice Vivek Rusia
Criminal Appeal No.2042 of 2024
The appellant / State of Madhya Pradesh has filed this appeal
under Section 378(3) of the Code of Criminal Procedure, 1973 being
aggrieved by the judgment dated 22.09.2023 passed by the I st
Additional Session Judge, Dhar in Sessions Trial No.51/2022, whereby
Zaafar has been acquitted from the offence punishable under Section
120-B of the Indian Penal Code and Section 27(2) of the Arms Act,
Arshad, Arbaaz, Bala @ Naushad, Saddam & Rajkor Bai @ Guddi Bai
@ Langadi Bai have been acquitted under Section 302 r/w 120B of the
Indian Penal Code.
Criminal Appeal No.14590 of 2023
02. The appellant / complainant has filed this appeal under Section
378(3) of the Code of Criminal Procedure, 1973 being aggrieved by the
judgment dated 22.09.2023 passed by the I st Additional Session Judge,
Dhar in Sessions Trial No.51/2022, whereby Zaafar has been acquitted
from the offence punishable under Section 120-B of the Indian Penal
Code and Section 27(2) of the Arms Act, Arshad, Arbaaz, Saddam &
Rajkor Bai @ Guddi Bai @ Langadi Bai have been acquitted under
Section 302 r/w 120B of the Indian Penal Code.
03. As per prosecution story, on 08.12.2021 Abdul Kadar Hussaun
along with his cousin brothers Junaid Hussain and Moil Ansari lodged
an FIR at Police Station - Kotwali, District - Dhar that his uncle Zakir
Hussain and two brothers namely Shakeel, resident of Gulmohar
NEUTRAL CITATION NO.2025:MPHC-IND:4473
Colony. On 14.12.2021, both the parties lodged an FIR, Shakeel had
enmity with his family members. He used to threaten his uncle Zakir
Hussain to kill him. On 08.12.2021, near about 8:00 pm, he along with
Zunaid Hussain and Moin Ansari were standing near National Medical
Store, his uncle came on motorcycle and was going towards Gulmohar
Colony, then Shakeel, Zaafar Pahalwan, who were also standing there
fired gunshot, due to which Zakir Hussain fell down. The incident was
witnessed by Zunaid Hussain and Moin Ansari. The FIR was registered
under Section 302 against Shakeel and Zaafar. Thereafter, the remaining
investigation was completed and statements under Section 161 of the
Cr.P.C. was recorded. While filing the final report name of four more
accused persons namely Arshad, Arbaaz, Bala @ Naushad, Saddam &
Rajkor Bai @ Guddi Bai @ Langadi were also added with aid of Section
120-B of the IPC. They all were tried under Section 302/34, 302/120-B
of the IPC and Section 27(2) of the Arms Act.
04. Vide judgment dated 22.09.2023, the learned Court has only
convicted accused - Zaafar & Shakeel and acquitted the others. Being
aggrieved, by the aforesaid, the State of Madhya Pradesh has filed Cr.A.
No.2042 of 2024 & complainant has filed Cr.A. No.14590 of 2023 on
the ground that the trial Court has wrongly disbelieved the statement of
Zunnaid Hussain (PW-2), Moin Ansari (PW-3), Zakir Hussain (PW-4)
and Danish Mansoori (PW-6) and mainly Raja (PW-7), who have
deposed about the presence of these respondents / accused along with
Shakeel and Zafar at the time of incident.
05. We have heard learned counsel for the parties and perused the
record.
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06. It is not in dispute that the FIR was lodged by Abdul Kadar
Hussain along with Zunaid Hussain and Moin Ansari, in which there is
no allegation against these respondents, even their presence has not been
shown on the spot. Abdul Kada Hussain was examined as PW-1 and in
para - 2 of his statement, he has not stated about the presence of these
respondents and he was not declared hostile by the prosecution. Zunaid
Hussain was examined as PW-2 and he has not deposed about the
presence of these respondents. He was also not declared hostile. PW-3, 4
& 5 are the here say witnesses. PW-6 & 7 have stated about the presence
of these respondent, but no overt act has been assigned to them.
07. So far as PW-7 whose testimony was relied by the State as well as
complainant is concerned, he was not present on the spot. He was
informed about the incident by Zunnaid, therefore, his statement has
rightly been discarded as he was not the eye witness. He has deposed
about said incident in the Court that only on the basis of information
given by Zunaid. Hence, the trial Court has rightly acquitted these
respondents. Hence, we do not find any ground to admit the appeal filed
by the State.
08. In view of the above, Criminal Appeal No.2042 of 2024 stands
dismissed.
09. So far as the appeal filed by the complaint i.e. Criminal Appeal
No.14590 of 2023 is concerned, this appeal was admitted on
08.01.2024, therefore, vide order dated 12.04.2024 direction was given
to pay PF. Now almost a year has been passed, PF has not been paid nor
any appearing on behalf of the respondent. Hence, this appeal is also
devoid of merit and substance.
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10. Accordingly, Criminal Appeal No.14590 of 2023 also stands
dismissed.
Let a copy of this order be kept in the connected appeal also.
(VIVEK RUSIA) (PRANAY VERMA)
JUDGE JUDGE
Ravi
