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Madhya Pradesh High Court
Pankaj And Ors. vs The State Of Madhya Pradesh on 3 December, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
NEUTRAL CITATION NO. 2025:MPHC-JBP:62740
1 CRA-1060-1999
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 3 rd OF DECEMBER, 2025
CRIMINAL APPEAL No. 1060 of 1999
PANKAJ AND ORS. AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Siddharth Dutt- Advocate with Shri Prateek Tiwari, Advocate for the
appellant.
Shri J. P. Bansal - Advocate for the complainant/respondent.
Shri Nagendra Solanki - Panel Lawyer for the respondent/State.
ORDER
With the consent of learned counsel for both the parties, matter is
heard finally.
2. It is submitted by learned counsel for the appellant that compromise
has taken place between both the parties voluntarily and their statements
were recorded on 10.11.2025 before the Registrar (J-II).
3. It is informed that appellant No. 1 (Shankarlal S/o Madanlal),
appellant No. 4 (Anokhilal S/o Babulal), and appellant No. 10 (Rukhandu
S/o Nagoo) have expired.
4 . This appeal has been filed being aggrieved of the judgment dated
09.04.1999 passed by the learned First Additional Sessions Judge, Poorv
Nimar, District Khandwa in S.T.No.121/1997 [State of MP through P.S.,
Dhangao, District Khandwa Vs. Shankarlal and nine others] whereby
NEUTRAL CITATION NO. 2025:MPHC-JBP:62740
2 CRA-1060-1999
remaining appellants have been convicted for offence under section 450 of
IPC and sentenced to 7 -7 years R.I. with fine of Rs.2,000/- each and
Section 395 of IPC and sentenced to 7 -7 years R.I. with fine of Rs.2,000/-
each with default stipulation. Both the sentences have been diverted to run
concurrently. After the appeal period, Rs.10,000/- from the penalty amount
will be paid to the complainant Mahesh S/o Narayan Sahay as compensation.
6. It is informed by learned counsel for the appellant that in bail order
dated 05.05.1999, sentences were suspended and therefore, after the
judgement dated 09.04.1999, for about one month they were in jail.
7. Since the Sections 450 and 397 of IPC, under which appellants have
been convicted are not compoundable, application has been filed under
Section 320 (5) read with Section 320(2) and R/w Section 482 of Cr.P.C.
I.A. No.17002/2019 an application for compromise application is rejected.
8. Learned counsel for the appellants submits that he is withdrawing
this appeal against judgement of conviction, but the sentence may be reduced
to the actual period already undergone by the appellants.
9. Shri Nagendra Solanki, learned Panel Lawyer for the
respondent/State, has no objection, if conviction is maintained and sentences
is reduced..
10. Perused the record. Considered the statement of PW/1- Mahesh
Kumar, injured PW/2 - Hariprashad, PW/3 - Omprakash, PW/4-
Radheshyam, PW/5- Ramesh Chandra, PW/6- Kishore Solanki, Police
Officer, PW/7- Subhash, Head Constable. Evidence of Defense witnesses
DW/1- Shankar Lal, DW/2- Hariram, DW/3-Ganga Ram and DW/4
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3 CRA-1060-1999
Shrikrishana Gupta, it is seen that conviction under Section 450 and 395 of
IPC is justified. Accordingly, appeal against conviction is dismissed.
11. In the considered view of this court, in the facts and
circumstances of the case as narrated above, although compromise is not
possible under Sections 450 and 397 of IPC and looking to the old pendency
of this appeal, in which the judgement is of 09.04.1999 and incident is of
07.10.1994, and the fact that three appellants have already expired during the
pendency of this appeal, some justice would be met if the appellant's
sentence is reduced to the period already undergone in judicial custody in
this case.
12. Accordingly, the sentence is altered and modified to the extent
already undergone by the appellants, while maintaining the fine amount, and
default stipulation.
13. Order regarding compensation is also maintained.
14. Accordingly, appeal is partly allowed and disposed of as above.
(AVANINDRA KUMAR SINGH)
JUDGE
NRJ
