SURESH BHAWASAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant under Sec. 372 of the Code of Criminal Procedure questioning validity of the judgment dtd. 5/10/2023 passed by First Additional Sessions Judge, Itarsi, District Narmadapuram in Cr.A. No.34 of 2023, reversing the judgment of the trial Court whereby the trial Court has convicted the respondent No.2 under Sec. 294 of the Indian Penal Code.

(2.) Learned counsel for the appellant submits that the Appellate Court while giving the finding has not taken note of the statement of witnesses i.e. Suresh (PW-1), Rahul (PW-4) and Sudesh (PW-5) whereas the conviction was based upon the statement of these witnesses and, therefore, the judgment passed by the Appellate Court reversing the well reasoned judgment of the trial Court is not proper.

(3.) I have perused the judgment passed by the trial Court as also of the Appellate Court.