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2024 Supreme(Online)(MP) 3712

HIGH COURT OF MADHYA PRADESH
Bhajansingh And 3 Ors. – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
S.S.Pandey,A.G.

ORDER

This appeal has been filed by the appellant under Section 374 of Cr.P.C.

being aggrieved by the judgment dated 14.12.2012 passed by the learned II Additional Sessions Judge (Fast Track) Kukshi, District Dhar in S.T.No.229/2012. By the impugned judgment, the trial Court has convicted the appellant no.1-Bhjansingh for offence under Section 324 of IPC and sentenced to six months R.I. with fine of Rs.500/- and also under Section 25(1)(b) of the Arms Act and sentenced to 1 year R.I. with fine of Rs.500/- with default stipulation.

2 . Being aggrieved by the impugned judgment, the appellant filed this appeal on the ground that the trial Court failed to see that there is no evidence on record to prove that accused was guilty. There are material contradictions and omissions in the statement of the prosecution witnesses. The Investigating Officer was unable to prove that seized Falia was sealed on his part and put in proper way in Malkhana. The independent witness turned hostile and did not support the prosecution case. On these grounds, prays for setting aside the impugned judgment and acquittal of the appellant no.1-Bhajansingh.

3 . The trial Court framed charges against th

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