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HIGH COURT OF MADHYA PRADESH
Vivek Rusia, Shailendra Shukla, JJ
Gheesalal @ Ghisu S/o Harisingh Meena – Appellant
Versus
State of Madhya Pradesh through Police Station -Bhanpura, District Mandsaur – Respondent
| Table of Content |
|---|
| 1. insufficient evidence leads to acquittal. (Para 2 , 5) |
| 2. witness testimony lacks direct implications. (Para 8 , 9 , 10) |
| 3. legal implications of community suspicion. (Para 14 , 15) |
| 4. judicial directives for property restoration. (Para 16 , 17) |
JUDGMENT
(Heard and reserved on 20.10. 2021)
(Delivered on 23.10.2021)
PER VIVEK RUSIA, J: -
Appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure , 1973 (in short “Cr.P.C.”) against the judgment of conviction dated 23.03.2009, passed by Additional Sessions Judge, Link Court, Bhanpura, District Mandsaur in Sessions Trial No.135/2008, by which the appellant have been convicted for an offence under Sections 302 of Indian Penal Code (for short “IPC”) and sentenced to undergo life imprisonment with fine of Rs.200/-.
(2). The case of the prosecution, in brief, is as follows: -
A missing person report No.02/2008 and merg No.12/24/4/05 was registered under Section 174 of Cr.P.C. based on the information given by Udayram Meena and Permanand Sharma. According to which on 22.04.2008 near about 12:00 PM an unknown person in a planned way has abducted minor child Pawan S/o Udayram, aged about 6 years therea
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