State of M.P. vs Lallu @ Rambabu

Brij Kishore Dube, J.—Heard on the question of admission and perused the record. Against the judgment of acquittal dated 07/07/2012 passed by II Additional Sessions Judge, Vidisha District Vidisha in Criminal Appeal No. 59/12 whereby reversing the judgment of conviction and order of sentence dated 22/02/2012 passed in Criminal Case No. 712/11 in the which the petitioner/accused has been convicted u/s 25(1-B)(b) of the Arms Act and sentenced to suffer one year rigorous imprisonment with fine of Rs. 500/-, the petitioner/State has preferred this application u/s 378(3) of the Code of Criminal Procedure, 1973 for grant of leave to file appeal.

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

The learned Appellate Court after appreciating and marshalling the evidence in detail ultimately in the impugned judgment found that the offence charged against the respondent/accused has not been found proved on account of non-availability of the cogent evidence on record.

I have carefully gone through the reasons assigned by the learned Appellate Court and found that the learned Appellate Court has rightly arrived at a conclusion that the charge levelled against the respondent/accused is not proved and, eventually, acquitted him.

I do not want to deviate from the view taken by the learned Appellate Court because the learned Panel Lawyer has not been able to point out any perversity and illegality in the impugned judgment.

Looking to the reasoned judgment passed by the learned Appellate Court, acquitting the respondent, even if another view is possible on the same set of evidence, no ground is made out warranting admission of this application for grant of leave to appeal (Referred to Hallu and Others Vs. State of Madhya Pradesh,

Therefore, this application for leave to file appeal is dismissed. Certified copy as per rules.