Madhya Pradesh High Court
The State Of Madhya Pradesh Thr vs Mathura Jatav on 22 January, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.263/18
(The State of M.P. Vs. Mathura Jatav & Ors.)
Gwalior, Dated 22/01/2018
Shri J.M. Sahani, Public Prosecutor for the appellant/State.
Shri R.K. Sharma, learned senior counsel with Ms. Priyanka
Tonk, learned counsel for the victim.
After hearing learned counsel for the victim, it appears that
after framing of charge u/S. 307 in the alternative Section 326 and
294 of IPC against Mathura Jatav and Omprakash while for the
remaining respondents charge was framed u/S. 307 read with 34 of
IPC in the alternative Section 326/34 and 294 of IPC, learned trial Judge has acquitted the respondents of all the charges by finding that on account of contradiction between the ocular evidence and medical evidence and also there being certain embellishments, contradictions and improvements in the testimony of PW-1, PW-2 and PW-3 who were eye-witnesses when compared with their earlier version, the offence could not be established beyond all reasonable doubts.
It is true that the findings rendered by the learned trial Judge in respect of offence of attempt to murder may not be made out in absence of any grievous injury on the vital part of body but in the considered opinion of this court offence of causing grievous injury of fracture of tibia bone which appears to be established by ocular and as well as medical evidence, ought to have been found proved by the court below.
In view of above, this court while declining interference qua the findings in respect of offence of attempt to murder u/S. 307 and 307/34 of IPC, is inclined to grant leave to appeal to the victim as well as the State to prosecute the appeal against the respondents only in respect of Section 326 and 326/34 of IPC.
Accordingly, the present M.Cr.C. for leave to appeal is allowed. Office is directed to register the present M.Cr.C. as criminal appeal and list it for hearing on admission.
(Sheel Nagu) (S.A. Dharmadhikari)
Judge Judge
ojha
YOGE
Digitally signed by
YOGENDRA OJHA
DN: c=IN, o=HIGH COURT OF
M.P. BENCH GWALIOR,
NDRA
ou=STENO,
postalCode=474011,
st=Madhya Pradesh,
2.5.4.20=559b9fc5699c450ae
591f182bb528390a86868913
OJHA
08b8147f58a14e663c2cf97,
cn=YOGENDRA OJHA
Date: 2018.01.23 10:41:53
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