Madhya Pradesh High Court
The State Of Madhya Pradesh vs Shani @ Hemant Judgement Given By: ... on 12 December, 2013
M.Cr.C. No.9116/2013
12.12.2013
Shri S. D. Khan, G.A for the applicant/State.
Heard on admission.
The State has preferred an application for leave
to appeal against the judgment dated 13.5.2013
passed by the learned Sessions Judge, Sessions
Division Damoh, District Damoh in ST No.352/2011
whereby the respondent was acquitted for the offence
punishable under Sections 458, 392/397 and 342 of I.P.C.
The prosecution's case in short is tht the complainant Kera Bai lodged an FIR on 7.2.2011 that in the previous night the respondents entered in her house and snatched one golden bangle covered by golden cover, one silver payal and some broken silver. Thereafter, the respondents were arrested but nothing could be gathered from the respondent.
After considering the submissions made by the learned G.A for the State, it appears that the complainant Kera Bai (PW1), her daughter Rita Ahirwar (PW3) have exaggerated the matter. It is mentioned in the FIR that a sum of Rs.6000/-, four golden bangles, gold earings, one golden chain, one silver payal etc. The complainant Kera Bai refused that she mentioned in the FIR about some broken silver. It was the attendance of witness Puttan @ Kuttan (PW7) shown by Kera Bai that at the time of incident he came to the spot whereas Rita has stated that Puttan was already present in the house. He was taking dinner. After considering the evidence of Puttan @ Kuttan (PW7), it appears that he did not have such relations with Kera Bai so that he could visit the house of Kera Bai frequently and capable to take dinner in her house. Looking to the material contradictions between the statements of Kera Bai and Puttan and also the contradictions between the statements and the FIR it would be apparent that the defence version appears to be believable. It was possible that the respondent Shani alias Hemant was in love with the witness Rita Ahirwar and therefore, to give him a lesson a false FIR was lodged by Kera Bai and therefore, no ornament could be recovered from the respondent.
On the basis of the aforesaid discussion, the acquittal directed by the trial is correct. There is no basis by which the appeal filed by the State can be accepted. Hence there is no use if leave is granted.
Consequently, leave to appeal is refused. Copy of the order be sent to the trial Court for information.
(N.K. Gupta) Judge bina