Madhya Pradesh High Court
Ankit Soni vs The State Of Madhya Pradesh on 7 August, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal, Avanindra Kumar Singh
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 7 th OF AUGUST, 2025
CRIMINAL APPEAL No. 876 of 2025
ANKIT SONI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Srijan Narang, Advocate for the appellant.
Shri Anubhav Jain, Public Prosecutor for the respondent - State.
JUDGMENT
Per: Justice Vivek Agarwal
Learned counsel for the appellant does not wish to press
I.A.No.18855/2025, an application for suspension of sentence and grant of
bail to the appellant.
Accordingly, I.A.No.18855/2025, is dismissed as not pressed.
With the consent of learned counsel for the parties, heard finally.
This appeal under Section 415 of Bhartiya Nagrik Suraksha Sanhita,
2023, is filed by the appellant being aggrieved of the judgment dated
21.10.2024, passed by learned VI Additional Sessions Judge, Satna (M.P.),
in S.T.No.235/2022, whereby, appellant has been convicted for offence
punishable under Section 302 of IPC for which he is sentenced to undergo
R.I. for life and fine of Rs.2,000/- with default stipulation.
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2. Learned counsel for the appellant submits that incident took place at
the spur of the moment. There was no premeditation. Amit Tripathi (PW/1),
is the star prosecution witness. He admitted that on 17.3.2022 at about 11:00
p.m., there was a programme of 'Holika Dahan', when deceased Tushar
Singh, this witness Amit Tripathi (PW/1), Nikhil and Vikas were
participating in said programme near the boundary wall of Sangram Colony.
At about 11:00 p.m., Tushar Singh had abused Pawan Soni and asked him to
bring a cigarette. That enraged appellant Ankit Soni, who happens to be
brother of Pawan Soni, when Ankit had caused a stab wound to Tushar
Singh, which resulted in his ultimate death.
3. Reading from the evidence of Dr. Sharad Dubey (PW/11), it is
pointed out that its' a case of single blow and Dr. Sharad Dubey (PW/11),
clearly opined that reason for death was cardio respiratory arrest due to
excessive blood loss from the lungs and heart cavity. It is, thus, submitted
that in the light of the judgment of Apex Court in Stalin Vs. State
represented by the Inspector of Police (2020) 9 SCC 524, it will be a case
under Section 304 of IPC and not under Section 302 of IPC.
4. Shri Anubhav Jain, learned Public Prosecutor for the State opposes
the prayer and submits that the brutality and the extent of injury will not
make this call fall under Section 304 of IPC.
5. After hearing learned counsel for the parties and going through the
record, evidence of Amit Tripathi (PW/1), who claimed himself to be an eye
witness, is categorical that at the time oof 'Holika Dahan' at about 11:00 p.m.,
appellant's brother Pawan Soni was abused by deceased Tushar Singh asking
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him to bring a cigarette. Thereafter, that enraged appellant Ankit Soni, on
which he started abusing him and gave him a knife blow. This evidence has
remained unrebutted. In paragraph 11 of his cross-examination, Amit
Tripathi (PW/1), admits that it was Tushar who had first abused Pawan Soni
that means that Ankit Soni was not an initiator of the dispute.
6. Pushpendra Singh (PW/2), is father of deceased Tushar @
Piyushanand Singh. He is a hearsay witness. At best he is a witness of oral
dying declaration given by Tushar who is mother asking her to save him and
informing her that assailant was Ankit Soni.
7. Renu Singh (PW/3), is mother of deceased Tushar. She too had not
seen the incident and is a witness to the oral dying declaration given by
deceased Tushar.
8. Shiva Balmiki (PW/4), is turned hostile. He has not supported the
prosecution case.
9. Neeraj Shukla (PW/5), is also witness of oral dying declaration
given by Tushar. Devendra Tiwari (PW/6) and Manupurna Gupta (PW/7)
had taken deceased Tushar to hospital in their vehicle. Except for Amit
Tripathi (PW/1), no other eye witness is examined though Amit Tripathi
(PW/1) stated that Nikhil and Vikas were also with him along with deceased
Tushar.
10. When testimony of Dr. Sharad Dubey (PW/11), is examined in the
light of the ratio of law laid down by Apex Court in Stalin (supra), then in
case of Stalin (supra), Apex Court has held that death of victim due to single
knife blow by accused, conviction of accused under Section 302 of IPC not
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found attracted as a single fatal knife blow was occasioned by scuffle which
had ensued between the parties due to exchange of hot words. Occurrence
took place out of sudden and grave provocation, but considering that accused
inflicted blow with weapon like knife and he inflicted injury on deceased on
vital part of body, it is to be presumed that causing such bodily injury was
likely to cause death. Therefore, the case will fall under Section 304 Part-I
of IPC and not under Section 304 Part-II of IPC and accordingly, conviction
was modified from Section 302 of IPC to Section 304 Part-I of IPC.
11. In the present case also, facts are like this that scuffle took place all
of a sudden at the time of 'Holika Dahan'. There was no premeditation.
Deceased initiated the dialogue by abusing Pawan Soni, cousin brother of
present appellant Ankit Soni. That enraged Ankit Soni.
12. When these facts are taken into consideration, then we are of the
opinion that conviction of the appellant cannot be sustained under Section
302 of IPC, but needs to be altered into one under Section 304 Part-I of IPC
and, accordingly, impugned judgment dated 21.10.2024 is modified. It is
directed that appellant shall undergo 10 years of R.I. with fine of Rs.5,000/-
with default stipulation of 06 months R.I.
13. In above terms, appeal is allowed and disposed off. Case property
be disposed off in terms of the order of the learned trial Court.
14. Record of the trial Court be sent back.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
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A.Praj.
