Fakru Shah vs The State Of Madhya Pradesh
2025 Latest Caselaw 1281 MP

Madhya Pradesh High Court

Fakru Shah vs The State Of Madhya Pradesh on 8 July, 2025

           NEUTRAL CITATION NO. 2025:MPHC-IND:17157




                                                          1                             CRA-2477-2024
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                       HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                 ON THE 8 th OF JULY, 2025
                                           CRIMINAL APPEAL No. 2477 of 2024
                                                   NAWAB SHAH
                                                       Versus
                                           THE STATE OF MADHYA PRADESH
                         Appearance:
                                Ms. Nupur Garg - Advocate for the appellant.

                                Shri Jayesh Yadav- G.A for the State.
                                Shri Manish Kumar Joshi- Advocate for the complainant.
                                                              WITH
                                           CRIMINAL APPEAL No. 2182 of 2024
                                                    FAKRU SHAH
                                                       Versus
                                           THE STATE OF MADHYA PRADESH
                         Appearance:
                                Shri Ibrahim Kannodwala - Advocate for the appellant.
                                Shri Jayesh Yadav- G.A for the State.

                                Shri Manish Kumar Joshi- Advocate for the complainant.

                                                              ORDER

Both criminal appeals have been preferred challenging the legality of

judgment dated 09.01.2024 in ST No.97/2020 passed by 8th Additional Sessions Judge, Ujjain whereby appellant-Nawab Shah of Criminal Appeal No.2477/2024 has been convicted under sections 307 and 324 of the IPC and

NEUTRAL CITATION NO. 2025:MPHC-IND:17157

2 CRA-2477-2024 sentenced to undergo 7 years RI with fine of Rs.3,000/- with default stipulation of 6 months RI and 3 years RI with fine of Rs.2,000/- with default stipulation of 3 months RI and appellant-Fakru Shah of Criminal Appeal No.2182/2024 has been convicted under section 324 of the IPC and sentenced to undergo 3 years RI with fine of Rs.2,000/- with default stipulation of 3 months RI.

2. Appellant Nawab Shah has been convicted for attempting to murder of Ansar Shah (P.W.-2) and causing voluntary injuries by sharp edged weapon to Altab Shah (P.W.-3). Appellant Fakru Shah has been convicted for causing voluntary injury by sharp edged weapon to Shabir Shah (P.W.-1) and Altab Shah (P.W.-3). The incident happened on 11.06.2020 at 8 p.m. in village Khetiya Khedi, Police Station Nanakheda, District Ujjain regarding

which FIR Exhibit -P/1 in the form of Dehati Nalshi was recorded at the instance of Shabir Shah (P.W.-1) and crime no.320/2020 was registered at Police Station- Nanakheda, District Ujjain.

3. Counsel for the appellants did not press these appeals regarding conviction. They are pressing for consideration in the light of compromise arrived between the appellants and the victims.

4. Considering the testimony of Shahbir Shah (P.W.-1) Ansar Shah (P.W.-2), Altab Shah (P.W.-3) and the testimony of Dr. Devesh Pandey (P.W.-9), Dr. Arvind Dhandoriya (P.W.-10) and Dr. Munshi Khan (P.W.-11) challenge to the conviction have no substance. The conviction of appellant Nawab Shah under sections 307 and 324 of the IPC and conviction of appellant Fakru Shah under section 324 of the IPC is

NEUTRAL CITATION NO. 2025:MPHC-IND:17157

3 CRA-2477-2024 affirmed.

5.Victims Shahbir Shah (P.W.-1), Ansar Shah (P.W.-2) and Altab Shah (P.W.-3) have filed compromise which has been verified by the Principal Registrar on 26.06.2025.

6. The incident happened due to possession over land belongs to Waqf Board situated at village Khetiyakhedi on the strength of lease deed.

7. The record of the trial court discloses that there is no criminal antecedents of the appellants. Appellant Nawah Shah has undergone a total period of 1 year and 7 months in custody and appellant Fakru Shah has undergone a total period of 11 months in custody.

8. The conviction under sections 307 and 324 of the IPC are non- compoundable but the factum of compromise can be taken into consideration for imposing the sentence. In the light of the above facts and the compromise between the appellants and the victims both these appeals are partly allowed and affirming the conviction of appellant Nawah Shah his sentence under section 307 of the IPC is reduced to the period already undergone with fine of Rs.3,000/- with default stipulation of 6months RI and sentence under section 324 of the IPC is also reduced to the period already undergone and fine of Rs.2,000/- with default stipulation of 3 months RI accordingly, Criminal Appeal No.2477/2024 is disposed off.

9. Affirming the conviction of appellant Fakru Shah under section 324 of the IPC his sentence is modified to the period already undergone and fine amount of Rs.2,000/- with default stipulation of 3 months of RI, accordingly,

Criminal Appeal No.2182/2024 is disposed off.

NEUTRAL CITATION NO. 2025:MPHC-IND:17157

4 CRA-2477-2024

10. The deposited fine shall be paid to the victim Ansar (P.W.-2) under section 357 of the Cr.P.C.,1973.

11. Let a copy of the judgment be supplied to appellant Nawab Shah through Superintendent of Central Jail, Ujjain.

12. Let a copy of the judgment be supplied to victim Ansar Shah (P.W.-2).

13. Record be remitted back to the trial court for compliance.

(GAJENDRA SINGH) JUDGE

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