Madhya Pradesh High Court
Shahid Pathan vs The State Of Madhya Pradesh on 22 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:23336
1 CRA-5447-2021
IN THE HIGH COURT OF MADHYA
PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 22nd OF AUGUST, 2025
CRIMINAL APPEAL No. 5447 of 2021
ABDUL WAJID AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms.Shraddha Borasi -Advocate for the appellant.
Shri Rajesh Joshi -G.A for the respondent/State.
WITH
CRIMINAL APPEAL No. 5164 of 2021
SHAHID PATHAN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms.Shraddha Borasi -Advocate for the appellant.
Shri Rajesh Joshi -G.A for the respondent/State.
JUDGMENT
Both the criminal appeals under section 374 (2) of the Cr.P.C,
1973 are directed against the judgment dated 17.08.2021 in
S.T.No.290/2018 by 9th ASJ, Ujjain whereby the appellants in both
the appeals have been convicted and sentenced as below:
NEUTRAL CITATION NO. 2025:MPHC-IND:23336
2 CRA-5447-2021
Name of Sections of the Jail In default of
No. Fine
accused IPC/Arms Act sentence payment of fine
Shahid 7 years
1 307/149 Rs.2,000/- 3 months RI
Pathan RI
5 years
326/149 Rs.2,000/- 3 months RI
RI
1-1 Rs.200 -
323/149 (2 counts) 15-15 days RI
years RI Rs.220/
Abdul 7 years
2 307/149 Rs.2,000/- 3 months RI
Wahid RI
5 years
326/149 Rs.2000/- 3 months RI
RI
1-1 Rs.200 -
323/149 (2 counts) 15 - 15 days RI
years RI Rs.200/-
1 years
148 Rs.500/- 1 month RI
RI
Golu @ 7 years
3 307/149 Rs.2000/- 3 months RI
Shine RI
5 years
326/149 Rs.2000/- 3 months RI
RI
1-1 Rs.200 -
323/149 (2 counts) 15 -15 days RI
years RI 200/-
1 year
148 Rs.500/- 1 month RI
RI
Sultan s/o 7 years
4 307/149 Rs.2000/- 3 months RI
Babu RI
5 years
326/149 Rs.2000/- 3 months RI
RI
1-1 Rs.200 -
323/149 (2 counts) 15 - 15 days RI
years RI 200/-
1 year
148 Rs.500/- 1 month RI
RI
Abdul 7 years
5 307/149 Rs.2000/- 3 months RI
Wajid RI
5 years
326/149 Rs.2000/- 3 months RI
RI
1-1 Rs.200 -
323/149 (2 counts) 15 - 15 days RI
NEUTRAL CITATION NO. 2025:MPHC-IND:23336
3 CRA-5447-2021
years RI Rs.200/-
1 year
148 Rs.500/- 1 month RI
RI
7 years
6 Shahbaj 307/149 Rs.2000/- 3 months RI
RI
5 years
326/149 Rs.2000/- 3 months RI
RI
1-1 Rs.200 -
323/149 (2 counts) 15 - 15 days RI
years RI Rs.200/-
1 year
148 Rs.500/- 1 month RI
RI
25 (1B)(b) Arms 2 years
Rs.1000/- 1 month RI
Act, 1959 RI
7 years
7 Nahru 307/149 Rs.2000/- 3 months RI
RI
5 years
326/149 Rs.2000/- 3 months RI
RI
1-1 Rs.200 -
323/149 (2 counts) 15 - 15 days RI
years RI 200/-
1 year
148 Rs.500/- 1 month RI
RI
25(1B)(b) of the 2 years
Rs.1000/- 1 month RI
Arms Act RI
2. The sentence of imprisonment were ordered to run
concurrently.
3. Appellants were prosecuted, convicted and sentenced regarding
incident dated 17.12.2018 at 03.00 p.m occurred at Agar Road, Gadi
Adda, Bhima Chouraha, Magic stand, Ujjain in which Rafiq Khan
(PW/4) was attempted to murder and Shakil (PW/2) sustained
grievous injuries by deadly weapon and Gabbu Bi (PW/3) and
Shabana Bi (PW/1) sustained voluntary injuries in furtherance of
NEUTRAL CITATION NO. 2025:MPHC-IND:23336
4 CRA-5447-2021
common object of unlawful assembly and resulted in lodging the
first information report as crime no.40/18 at PS Kothwali, Ujjain.
4. This appeal was preferred challenging the conviction and as
well as sentence. During the pendency of the appeal, victim Shakil
(PW/2), Shabana Bi (PW/1), Gabbu Bi (PW/3) and Rafiq Khan
(PW/4) and appellants of both the appeals entered into a compromise
and the compromise was verified by the Principal Registrar on
18.07.2025. On the basis of compromise, the appellants are
acquitted from the charge under section 323 r/w section 149 of the
IPC (2 counts).
5. Heard counsel for the parties in respect of rest of the charges.
6. Considering the testimony of Shabana Bi (PW/1), Shakil
(PW/2), Shabana Bi (PW/1), Gabbu Bi (PW/3) and Rafiq Khan
(PW/4), Dr.Ravindra Singh Chandrawat (PW/8), Dr.Munshi Khan
(PW/10), Sub Inspector G.S. Mujalda (PW/11), the conviction of the
appellants in rest of the charges does not require interference, hence
their conviction in rest of the charges is affirmed.
7. The compromise may be taken into consideration regarding the
sentence. The convicted appellants have undergone the sentence as
under:
Shahid Pathan four years
Abdul Wahid More than one year 7 months
Sultan Ten months.
NEUTRAL CITATION NO. 2025:MPHC-IND:23336
5 CRA-5447-2021
Golu @ Shahin Three years 6 months
Shahbaj one year four months
Abdul Wajid one year 4 months.
Nahru four years ten months.
8. Considering the factum of compromise between the victims and
accused/appellants, the sentence is reduced to the period already
undergone. Hence, both the appeals are partly allowed to the extent
that while affirming their rest of the convictions, their jail sentence is
reduced to the period already undergone. On deposit of fine, if not
already deposited, appellant Nahru (appellant No.2 in CRA
No.5447/2021) be released forthwith, if not required in any other
offence.
9. Copy of the judgment along with record be remitted back to the
trial court for issuing supersession warrant and compliance.
(GAJENDRA SINGH)
JUDGE
hk/
