Madhya Pradesh High Court
The State Of Madhya Pradesh Thr vs Sonu @ Premchandra Kumar on 14 August, 2018
THE HIGH COURT OF MADHYA PRADESH
Mcrc.6996.2017
Awadhesh Verma Vs. State of M.P. and others
Mcrc.8060.2017
State of M.P. Vs. Sonu @ Pramendra Kumar & Another
Gwalior, 14.08.2018
Mcrc.6996.2017
Shri Hari Singh Chouhan, learned counsel
for the applicant.
Smt. Sangeeta Pachouri, learned Public
Prosecutor for respondent No.1/State.
Mcrc.8060.2017 Smt. Sangeeta Pachouri, learned Public Prosecutor, for applicant/State.
Since both the applications arise from the same impugned judgment, they have been heard analogously and are being disposed of by this common order.
The State Government and the complainant seek leave to appeal against the order dated 11.05.2017 passed by the Special Judge (MPDVPK Act), Shivpuri (M.P.) in SST No.400052/2013 recording acquittal of respondents who were accused for the offence punishable under Sections 307/34, 323 (two counts), 294, 506B, 392 IPC and Sections 11, 13 of the MPDVPK Act of having beaten the complainant with deadly weapons and looted him of mobile and an amount Rs.500/-.
The Trial Court did not find the evidence led THE HIGH COURT OF MADHYA PRADESH Mcrc.6996.2017 Awadhesh Verma Vs. State of M.P. and others Mcrc.8060.2017 State of M.P. Vs. Sonu @ Pramendra Kumar & Another by the prosecution being credible and found lacking material truth to rope in the respondents of the charges. The injuries sustained were found to be minor which did not rule out the possibility of they being sustained in the meeting of Janpad Sabha where, the evidence on record suggested that there was uproar and throwing of chairs. The prosecution also had no explanation as to non-production in court of the articles and other material used for commission of offence. All these facts cumulatively led the trial court disbelieve the prosecution story.
Careful perusal of the evidence on record substantiates the findings by the trial court. No material evidence has been been commended at to hold that the trial court's findings suffer any perversity.
Consequently, leave to appeal is declined. In the result, applications fail and are dismissed.
(Sanjay Yadav) (Ashok Kumar Joshi)
Judge Judge
pd
PAWAN
DHARKAR
2018.08.17
14:48:32 -07'00'