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Judgments of Supreme Court of India and High Courts

The State Of Madhya Pradesh vs Bhikulal on 15 February, 2018

1 M.Cr.C. No.9075/2006
[State of M.P. Vs. Bhikulal]

HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT JABALPUR
SINGLE BENCH:
HON. SHRI JUSTICE G.S. AHLUWALIA
M.Cr.C. No.9075/2006
………Applicant: State of M.P.
Versus
………Respondent: Bhikulal
—————————————————————————————-
Shri Vivek Lakhera, Public Prosecutor for applicant/State.
—————————————————————————————-
Date of hearing : 15/02/2018
Date of Order : 15/02/2018
Whether approved for reporting :
Law laid down:

Significant paragraphs:
ORDER

(15/02/2018)
Per Justice G.S. Ahluwalia,
This application under Section 378 of Cr.P.C. has been filed
for grant of leave to appeal against the judgment dated 29-6-2006
passed by 2nd A.S.J., Balaghat in Criminal Appeal No.58/2006 by
which the judgment and sentence dated 19-6-2006 passed by the
C.J.M., Balaghat in Criminal Case No.1302/2003 was set aside
and the respondent has been acquitted of the charge under
Section 498-A of I.P.C.

This Court by order dated 7-9-2017 had directed the office to
requisition the record of the Trial Court, however, it was informed
that the record of the Courts below had been eliminated as per the
Rules. It is further submitted by the Counsel for the State that he
is not in possession of any document except the copy of the
judgment of the Appellate Court, therefore, reconstruction of the
file is also not possible. Therefore, this application is being
2 M.Cr.C. No.9075/2006
[State of M.P. Vs. Bhikulal]

decided on the basis of the reasons assigned by the Court below.

It appears from the copy of the judgment placed on record
that as per Hindu Rites and Rituals, the respondent was married
to the complainant Vanti Kala Bai in the year 1997. Twin children
were born out of the wedlock. When the complainant was
pregnant for the second time, at that time, it is alleged that the
respondent had demanded Rs.40,000, so that he can give dowry
to his sister. When the complainant refused to fulfill his demand,
then he started harassing and beating the complainant. When the
parents of the complainant came to know about her harassment,
then they went to her matrimonial house, but were not allowed to
meet her. Thereafter, an application before the Court of S.D.M.,
Balaghat was filed and the complainant was summoned. On the
report of the complainant, the police registered the offence under
Section 498-A of I.P.C. and after completing the investigation, filed
the charge sheet against the respondent.

The Trial Court framed charge under Section 498-A of I.P.C.,
which was abjured by the respondent.

The Trial Court after recording evidence and hearing both
the parties, convicted the respondent under Section 498-A of
I.P.C. and sentenced him to undergo the rigorous imprisonment of
6 months and fine of Rs.1000/- with default imprisonment.

Being aggrieved by the Judgment and sentence passed by
the Trial Court, the respondent filed a criminal appeal, which has
been allowed by the Appellate Court and the respondent has been
acquitted of the charge under Section 498-A of I.P.C.

Challenging the acquittal of the respondent, it was submitted
by the Counsel for the State that the appellate Court should not
have interfered with the well reasoned judgment passed by the
Trial Court and the appellate Court committed material irregularity
by disbelieving the evidence of the witnesses.

Heard the learned Counsel for the applicant.

3 M.Cr.C. No.9075/2006

[State of M.P. Vs. Bhikulal]

The complainant Vanti Kala Bai had admitted in her
evidence that initially she had resided with the respondent happily
and was not harassed. However, for the last time she came back
to her maternal home on the request of her father. She had also
filed an application under Section 125 of Cr.P.C. and as she was
not getting any maintenance amount in the said proceedings,
therefore, the F.I.R. was lodged. In view of the admission made by
the complainant in her evidence, it is clear that the F.I.R. was
lodged with a view to create an evidence against the respondent,
so that the complainant may get maintenance amount.

Considering the admissions made by the complainant, the
appellate Court has acquitted the respondent.

The reasons assigned by the Appellate Court for acquitting
the respondent cannot be said to be perverse or not plausible.
Even otherwise, it is well established principle of law that where
two views are possible, then the judgment of acquittal cannot be
reversed.

The Supreme Court in the case of Chanakya Dhibar Vs.
State of W.B. reported in (2004) 12 SCC 398 has held as under :

18. There is no embargo on the appellate court
reviewing the evidence upon which an order of
acquittal is based. Generally, the order of
acquittal shall not be interfered with because the
presumption of innocence of the accused is
further strengthened by acquittal. The golden
thread which runs through the web of
administration of justice in criminal cases is that
if two views are possible on the evidence
adduced in the case, one pointing to the guilt of
the accused and the other to his innocence, the
view which is favourable to the accused should
be adopted. The paramount consideration of the
court is to ensure that miscarriage of justice is
prevented. A miscarriage of justice which may
arise from acquittal of the guilty is no less than
from the conviction of an innocent. In a case
where admissible evidence is ignored, a duty is
cast upon the appellate court to reappreciate
the evidence where the accused has been
4 M.Cr.C. No.9075/2006
[State of M.P. Vs. Bhikulal]

acquitted, for the purpose of ascertaining as to
whether any of the accused really committed
any offence or not. (See Bhagwan Singh v.
State of M.P. [(2002) 4 SCC 85]) The principle to
be followed by the appellate court considering
the appeal against the judgment of acquittal is
to interfere only when there are compelling and
substantial reasons for doing so. If the
impugned judgment is clearly unreasonable and
relevant and convincing materials have been
unjustifiably eliminated in the process, it is a
compelling reason for interference. These
aspects were highlighted by this Court in Shivaji
Sahabrao Bobade v. State of Maharashtra
[(1973) 2 SCC 793], Ramesh Babulal Doshi v.
State of Gujarat [(1996) 9 SCC 225], Jaswant
Singh v. State of Haryana [(2000) 4 SCC 484 ] ,
Raj Kishore Jha v. State of Bihar [(2003) 11
SCC 519], State of Punjab v. Karnail
Singh[(2003) 11 SCC 271 ] , State of Punjab v.
Phola Singh [(2003) 11 SCC 58 ] and Suchand
Pal v. Phani Pal [(2003) 11 SCC 527].

Considering the totality of the facts and circumstances of the
case, this Court is of the considered opinion that the findings
recorded by the Appellate Court in acquitting the respondent
cannot be said to be perverse.

Hence, the application filed under Section 378 of Cr.P.C. is
devoid of merits and, therefore, the leave to file appeal against the
judgment dated 29-6-2006 passed by 2 nd A.S.J., Balaghat in
Criminal Appeal No.58/2006 is hereby refused.

Accordingly, the judgment dated 29-6-2006 passed by 2 nd
A.S.J., Balaghat in Criminal Appeal No.58/2006, is hereby
affirmed.

The application fails and is hereby dismissed.

(G.S. Ahluwalia)
Judge
15/02/2018
Arun*

Digitally signed by ARUN KUMAR MISHRA
Date: 2018.02.16 16:29:21 +05’30’
5 M.Cr.C. No.9075/2006
[State of M.P. Vs. Bhikulal]

HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT JABALPUR

Jabalpur: Dated 15/2/2018
Shri Vivek Lakhera, Public Prosecutor for applicant/State.
Heard on the question of admission.

Order dictated, signed and dated on separate sheets.

(G.S. Ahluwalia)
Judge
Arun*

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