Madhya Pradesh High Court
Shahjad vs The State Of Madhya Pradesh on 15 July, 2025
1 CRA-8092-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 15th OF JULY, 2025
CRIMINAL APPEAL No. 7869 of 2019
FARMAN KHA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Vivek Singh, senior counsel assisted by Mr. Rajesh Yadav,
counsel for the appellants.
Mr. Hemant Sharma, public prosecutor for the respondent/State.
Ms. Sarika Athale, counsel for the complainant/objector.
WITH
CRIMINAL APPEAL No. 8082 of 2019
SHAHJAD
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Vivek Singh, senior counsel assisted by Mr. Rajesh Yadav,
counsel for the appellants.
Mr. Hemant Sharma, public prosecutor for the respondent/State.
CRIMINAL APPEAL No. 8092 of 2019
SHAHJAD AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 17-07-
2025 17:46:46
2 CRA-8092-2019
Mr. Vivek Singh, senior counsel assisted by Mr. Rajesh Yadav,
counsel for the appellants.
Mr. Hemant Sharma, public prosecutor for the respondent/State.
ORDER
These criminal appeals have been preferred under Section 374(2) of
Criminal Procedure Code, 1973, being aggrieved by the judgment dated
31.08.2019 passed by Second Additional Sessions Judge, Mahidpur, District-
Ujjain (MP), whereby the appellants have been convicted under Section
307/149(3 counts), 323/149(2 counts), 147 and 148 of Indian Penal Code,
1860 and sentenced to undergo RI of seven-seven years (two times), one-one
year(two times), one-one year and two years RI with fine of Rs.3000-3000/-,
Rs.1000-1000/-, Rs.500-500/- and Rs.1000/- respectively with further default
stipulations, vide judgment dated 31.08.2019 passed by Second Additional
Sessions Judge, Mahidpur, District - Ujjain (MP) in Session Trial
No.628/2017. The substantive sentence of the imprisonments were ordered
to undergone concurrently.
02. The appellants have been convicted regarding the incident dated
09.07.2017 at about 21:45 am to 21:55 pm regarding which a Crime
No.280/2017 was registered at Police-Station - Mahidpur, District - Ujjain by
which they formed an unlawful assembly and in furtherance of common
object of the assembly they attempted murder of Yunus Khan (PW/4), Yusuf
(PW/3) and Akram (PW/3) and caused injuries to Shariff (PW/1), Sanowar
Bee (PW/5) and at the time of incident, the appellant Shahjad S/o Jagga
3 CRA-8092-2019
Khan was armed with deadly weapons.
03. The appellants are not challenging the conviction but has prayed
for modification of sentence on the ground of compromise arrived at
between the parties voluntarily.
04. Considering the testimony of Shariff Khan (PW/1), Akram
(PW/2), Yusuf (PW/3), Yunus (PW/4), Sanowar Bee (PW/5), Sahima
(PW/6), Dr. M.S. Rampure (PW/13), Dr. Mukesh Verma (PW/16) and Dr.
Atul Sharma (PW/17), the findings of conviction does not require any
interference and hence the same is affirmed.
05. The offence under Section 323/149 IPC is compoundable,
therefore the conviction and sentence under Section 323/149 (two counts) is
set-aside. Rest of the offences are non-compoundable and the compromise
arrived at between both the parties may be taken into consideration.
06. Now come to the question of sentence. The appellant - Shahjad
S/o Jagga in Criminal Appeal No.8082/2019 has undergone the total period
of three years seven months and two days in custody whereas the rest of
appellants have undergone more than one year seven months period in
custody.
07. Considering the fact that the incident occurred due to the land
dispute and in para 113 of the judgment it has been recorded that before the
land dispute both the parties were living peacefully and with love and
affection. Now they have settled all their disputes and the promotion of
4 CRA-8092-2019
harmony between the parties is to be considered and no purpose would be
served, if the appellants are sent to jail again. Accordingly, their sentence is
modified. The sentence of imprisonment and sentence under Section 307
read with Section 149(three counts) and Section 147 and 148 of IPC is
reduced to the period already undergone. The sentence of the fine is
maintained.
08. The order to pay compensation as per para 128 of the judgment
does not require any interference and it is affirmed. Accordingly, the
Criminal Appeal Nos.7869/2019, 8082/2019 and 8092/2019 are partly
allowed and disposed of.
A copy of the judgment be sent to the trial court for compliance.
Record be remitted back to the trial court for information. Certified copy, as
per Rules.
(GAJENDRA SINGH)
JUDGE
Arun/-
