Madhya Pradesh High Court
Jamila Bi vs Lakhan on 4 October, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.17038/2018
(Jamila Bi vs. Lakhan & Ors.)
Indore dated :04/10/2018
Shri R.R. Bhatnagar, learned counsel for the applicant.
Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
Heard.
ORDER
( 04 /10/2018) The applicant has filed this petition under Section 378(3) Code of Criminal Procedure, 1973 (for short 'The Code') for the grant leave to appeal against judgment dated 16/03/2018 passed by 3rd Additional Sessions Judge, Dhar, in Cr.A. Nos. 120/2017, 125/2017 and 126/2017, whereby learned appellate Court set aside the judgment dated 19/07/2017 passed by the Judicial Magistrate First Class, Dhar passed in Criminal Case No. 403762/2011 and acquitted the respondent Nos. 1 to 6 from the charge for offence punishable under Sections 325/149 and 147 of the IPC.
2. Brief facts of the case are that on 08/10/2011, the applicant/complainant lodged a FIR against the respondent Nos. 1 to 6 alleging that they have hurled filthy languages and assaulted her with stick and fists, due to which she sustained injuries. On the basis of aforesaid report offence punishable under Sections 147, 294, 323/149 and 506 of the IPC was registered against respondent Nos. 1 to 6. The applicant/complainant was sent to the medical examination and in the X-ray report a fracture was detected, hence police added for offence under Section 325 of the IPC against the respondents. After completion of the investigation, charge-sheet has been filed before the Judicial Magistrate First Class, Dhar.
3. The trial Court after due appreciation of the entire evidence available on record convicted the respondents for the offence under Sections 325/149 and 147 of the IPC and sentenced them to undergo 6 months R.I. and to pay fine of Rs.1,000/- for each offence. Being aggrieved by the aforesaid judgment of conviction respondents have preferred an appeal before the Sessions Court, which was allowed by the impugned judgment and the respondents were acquitted from the aforesaid charges, which is a subject matter of challenge before this Court.
4. Having heard learned counsel for the applicant and perused the record.
5. From the perusal of the finding recorded by the learned appellate Court in para Nos. 13,14,15, 16 and 18 of its judgment, this Court is of the view that no case for grant of leave to appeal against the impugned judgment is made out. Learned counsel for the applicant could not point out that how and in what manner the view taken by the learned Additional Sessions Judge is not possible or plausible. No perversity could be set fourth in the impugned judgment.
6. In view of the above, I do not find any ground for warranting admission. Accordingly, this application for grant of leave to appeal is hereby dismissed summarily.
(S. K. Awasthi) Judge skt Digitally signed by Santosh Kumar Tiwari Date: 2018.10.04 12:46:34 +05'30'