SALIM KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed under Sec. 378(4) of the Code of Criminal Procedure, for seeking leave to appeal against the judgment of acquittal dtd. 11/12/2023 passed by the learned Judicial Magistrate First Class, Bhanpura District-Mandsaur in RCT No.323/2021, whereby the accused has been acquitted from the offence under Ss. 323, 294, 506/34 of the Indian Panel Code, 1860.

(2.) Learned counsel for the applicant has submitted that the trial Court has wrongly appreciated the evidence and acquitted the respondents. There are sufficient evidence available on record against the respondents. It is further submitted that this case is supported by the complainant as well as medical testimonies, in spite of that, the learned trial Court has acquitted the respondent under Ss. 294, 325/34 and 506(Part-II) of I.P.C. The judgment is contrary to law and to the evidence available on record. It is therefore prayed that the order of the Trial Court be set aside and the accused be convicted for the aforesaid offence.

(3.) Per contra, learned counsel for the respondent vehemently opposed and submitted that the impugned order has been passed after proper appreciation of the evidence available on record. Therefore, application filed by the petitioner is liable to be rejected.