State of M.P. vs Gopal

Heard on the question of admission and perused the record. The judgment of acquittal dated 6.5.2011 passed by learned First Additional Sessions Judge Guna in Sessions Trial No.43/2011 (State of M.P. Vs. Gopal), acquitting the respondent/accused from the charges under Sections 302 and 201 of IPC, has been challenged by the State of Madhya Pradesh by this application u/s 378(3) of the Cr.P.C., for grant of leave to file the appeal.

The legality and propriety of the impugned judgment has been challenged on the ground of mis-appreciation of the evidence on record.

The learned Trial Court after appreciating and marshalling the evidence in detail ultimately in the impugned judgment found that the case rests on the circumstantial evidence. There are contradictory statements of witnesses on the material facts. It has also been found that there are material omissions in the case-diary statement of the witnesses.

On going through the reasons assigned by the learned Trial Court, we are of the view that the learned Trial Court has rightly arrived at a conclusion that the charges levelled against the respondent is not proved and rightly acquitted him.

Looking to the reasoned judgment passed by the learned Trial Court acquitting the respondent, even if another view is possible on the same set of evidence, the application for leave to file appeal cannot be allowed ( Hallu and Others Vs. State of Madhya Pradesh, referred to). Therefore, this application for leave to file appeal is dismissed summarily.