Criminal Appeal No. 790/2010. Case: Ashok Gupta Vs State of M.P. and Ors.. High Court of Madhya Pradesh (India)

Case NumberCriminal Appeal No. 790/2010
CounselFor Appellant: Atul Gupta, Learned Counsel and For Respondents: J.M. Sahni, Learned Panel Lawyer
JudgesN.K. Gupta and Anand Pathak, JJ.
IssueArms Act, 1959 - Section 25(1B)(b); Indian Evidence Act, 1872 - Section 27; Indian Penal Code 1860, (IPC) - Sections 307, 324, 326, 34, 450, 452
Judgement DateJanuary 12, 2017
CourtHigh Court of Madhya Pradesh (India)


N.K. Gupta, J.

  1. The appellant has preferred the present appeal against respondents No. 2 to 5 relating to judgment dated 24/05/2010 passed by First Additional Sessions Judge, Dabra, District Gwalior in ST. No. 216/2008 whereby respondents No. 2 to 5 have been acquitted from the charges of offence under Section 307 r/w. Section 34, 326 r/w Section 34 and 450 of IPC.

  2. The prosecution story in short is that on 21/01/2008 at about 9 pm, the complainant-Ashok Gupta (P.W. 1) and his brother Rajendra Gutpa (P.W. 8) were present in the house of Ashok situated at township Dabra, District-Gwalior. At about 9 pm, accused-Bharat and his three companions entered into the house of Ashok having a dagger, sword and other weapons in their hands. When Rajendra tried to stop them then the accused-Bharat assaulted with a dagger on his left thigh and when his son Manish went to save the victim-Rajendra then unknown persons hold him and the accused-Bharat assaulted him with a dagger for so many times and therefore, he sustained so many injuries. Thereafter, the accused persons ran away. On lodging of the FIR Ex. P/1, the case was registered and various injured persons were sent for medical examination. Dr. R.K. Arora (P.W. 7) examined the victim-Manish and gave its report Ex. P/12, in which two incised wounds were found to him which were found on his left thigh and left arm. Similarly, he examined victim-Ashok and gave a report Ex. P/13 in which one incised wound was found on his left thigh. He also examined victim Rajendra and gave its report Ex. P-14, in which he found that a incised wound on his nose and some scratch and swelling was found on his right arm and right head. Dr. R.K. Singh (P.W. 4) examined these victims radiologically and found no bony injury to the victim Rajendra and Ashok but a fracture of nasal bone was found to victim Rajendra.

  3. On investigation, various weapons were recovered from the respondents and also sent to the Forensic Science Laboratory. The Forensic Science Laboratory in its report Ex. P/21 found that human blood on the dagger seized from the accused-Bharat but no human blood was found on the dagger seized from respondent No. 4-Mansingh. After due investigation, charge-sheet was filed.

  4. The respondents abjured their guilt and took the plea that they were falsely implicated in the case, however, no defence evidence was adduced.

  5. The trial Court after considering the prosecution evidence acquitted respondents No...

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