STATE OF MADHYA PRADESH Vs. BABULAL MALVIYA

JUDGEMENT

(1.) This appeal under Sec. 372(I) of the Cr.P.C. has been filed by the appellant/State assailing the judgment and order of acquittal dtd. 16/5/2011 passed in CRA No.49/2012 by the Second Additional Sessions Judge, Bhopal (M.P.) whereby the respondent/accused has been acquitted of the offence under Sec. 323 of IPC.

(2.) At the outset, it is submitted by learned counsel appearing on behalf of appellant/State that the learned appellate Court without assigning reason has set aside the conviction and sentence awarded by the learned trial Court. The judgment/order is short, cryptic and non-speaking as it does not contain any discussion and reasoning. Thus, it suffers from perversity and illegality and cannot be allowed to be maintained. He prayed that this case has to be remanded back to the appellate Court to decide it as per law. The counsel for appellant has placed reliance upon the decisions viz. Bani Singh and Others Vs. State of U.P. (1996) 4 SCC 720, State of Rajasthan Vs. Sohan Lal and Others (2004) 5 SCC 573 and Aman Sinha Vs. State ofU.P. and Ors. (2024) 6 ILRA 12.

(3.) Per contra, learned counsel appearing on behalf of the respondent has opposed the prayer made by learned counsel appearing on behalf of appellant/State and also the appeal but he fairly admits that the learned appellate Court without giving any reasoning has set aside the judgment of conviction and sentence passed by the learned trial Court.