Madhya Pradesh High Court
The State Of Madhya Pradesh vs Golu @ Narendra on 29 June, 2016
1 M.Cr.C.No.11816/2015 (State of M.P. Vs. Golu alias Narendra) 29.6.2016.
Shri S.K.Jain, learned Govt. Advocate for the applicant/State.
This application has been filed under Section 378(3) of Cr.P.C. seeking leave to file appeal against the judgment dated 22nd July, 2015 passed in Sessions Trial No.64/15, whereby the learned Sessions Judge, Vidisha, has acquitted the accused on the ground that there are contradictions in the statement of the witnesses and also that there is no eye-witness to the incident supporting the case of the prosecution that accused had in fact put the said motorcycle on fire. In absence of any eye-witness and also contradictions in the evidence of various prosecution witnesses, the impugned judgment has been passed.
Narendra Singh Rajput (PW-1) in his cross-examination has admitted that he had not narrated the history of old enmity with the accused at the time of recording of the FIR. He has also mentioned that he had seen the accused standing at a distance of 4-5 ft. and this fact was narrated to the police, but he cannot explain the reason for non-recording of such fact in his FIR (Ex.P/1). Ashok Kumar (PW-2), Deepak Yadav (PW-3) and Dinesh Singh Jat (PW-4) are hearsay witnesses and none of them had seen the incident at their own.
In view of this fact, there is no illegality in the impugned judgment. Hence, this petition for grant of leave to appeal is hereby dismissed.
(Vivek Agarwal) Judge ms/-