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Madhya Pradesh High Court
Dayaram vs State Of M.P. Through Polcie Station ... on 16 February, 2026
1 CRA-1246-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 16th OF FEBRUARY, 2026
CRIMINAL APPEAL No. 12148 of 2022
MUNNALAL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri
Shri
WITH
CRIMINAL APPEAL No. 12352 of 2022
VINOD AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri
Shri
CRIMINAL APPEAL No. 1246 of 2023
DAYARAM
Versus
STATE OF M.P. THROUGH POLCIE STATION RAVTI AND OTHERS
Appearance:
Shri
Shri
ORDER
1. Criminal appeal nos.12148/2022 and 12352/2022 have been
preferred under Section 374 of Cr.P.C., 1973 being aggrieved by the
2 CRA-1246-2023
judgment dated 14.12.2022 passed in Session Case No.64/2022 by Sessions
Judge, District Ratlam M.P. for setting aside the conviction and sentence
filed on behalf of the appellants/accused persons.
2. Criminal appeal No.1246/2023 (Dayaram vs. State of M.P.) has
been filed under Section 378(4) of Cr.P.C., 1973 being aggrieved by the
same judgment for enhancement of the sentence of accused persons.
3. The appellants accused persons have been convicted and
sentenced as below:-
Acquitted Default in
Name Convicted U/S I.R Fine
U/s Payment
307 r/w 149 of 3-3
5-5 Rs.500/- For Months
IPC
294 and Years each count R.I.
Munnalal (Two Counts) 506-II of R.I.
IPC 3-3
25(1-B) (B) of 1 Years Rs.1000/- Months
Arms Act, 1959 R.I.
307 r/w 149 of 3-3
5-5 Rs.500/- For Months
IPC
294 and Years each count R.I.
Sonu (Two Counts) 506-II of R.I.
IPC 3-3
25(1-B) (B) of 1 Years Rs.1000/- Months
Arms Act, 1959 R.I.
307 r/w 149 of 3-3
5-5 Rs.500/- For Months
IPC
294 and Years each count R.I.
Banshilal (Two Counts) 506-II of R.I.
IPC 3-3
25(1-B) (B) of 1 Years Rs.1000/- Months
Arms Act, 1959 R.I.
3- 3-3
307 r/w 149 of Rs.500/- For Months
3 Years
IPC 294 and each count R.I.
R.I.
Vinod 506-II of
(Two Counts) 3-3
IPC
148 of IPC Nil Months
1 Years R.I.
307 r/w 149 of 3-3 Rs.500/- For
307 r/w 149 of 3 3-3 Rs.500/- For CRA-1246-2023
IPC Years each count 3-3
294 and Months
R.I.
Tijabai 506-II of R.I.
(Two Counts)
IPC
148 of IPC Nil 3-3
1 Years Months
R.I.
3-3 3-3
307 r/w 149 of Rs.500/- For Months
Years
IPC 294 and each count R.I.
R.I.
Mamta 506-II of
(Two Counts) 3-3
IPC
148 of IPC Nil Months
1 Years R.I.
3-3 3-3
307 r/w 149 of Rs.500/- For Months
Years
IPC 294 and each count R.I.
R.I.
Pooja 506-II of
(Two Counts) 3-3
IPC
148 of IPC Nil Months
1 Years R.I.
4. Facts of the case are that victim Dayaram and the appellants/accused
persons are neighbors. Appellant Munnalal is uncle of victim Dayaram PW-1
and Kalu PW-2 and appellants/accused Sonu and Banshilal are the sons of
Munnalal and appellant/accused Tejabai is w/o of Munnalal and accused
Mamta and Pooja are the daughters of Munnalal. There is a dispute regarding
the partition of joint property between the family and in that back drop, the
present incident giving rise to the incident registered at Crime No.359/2021
at Police Station Raoti, District Ratlam regarding the incident occurred at
07:00PM on 06.11.2021 in front of the house and godown of Dayaram PW-
5. The incident occurred when Dayaram PW-1 was standing out side
of his house after milking. He asked Banshilal why he is abusing his brother
Kalu PW-2. Munnalal entered into the house armed with sword and assaulted
4 CRA-1246-2023
Dayaram PW-1. Sonu and Banshilal also came with swords and assaulted on
Dayaram when Kalu intervened than all the three accused persons also
assaulted Kalu with swords. Vinod came with pipe and assaulted Dayaram,
Mamtabai w/o Dayaram and Ratanbai mother of Dayaram tried to intervene
than Mamta D/o Munnalal, Tijabai and Pooja caused injured to Mamta and
Ratanbai. Sonu and Banshilal also assaulted on Mamta and Ratanbai. Sonu
also assaulted on Piyush. They all hurled abusive words and caused
annoyance. Dayaram PW-1 escaped from the place of occurrence and rushed
to police station. He was admitted to Civil Hospital, Raoti. Kalu PW-2 wife
of Dayaram/Mamta and his mother Ratanbai with Piyush were also treated in
the Hospital and further referred to Govt. Hospital, District Ratlam. During
investigation, the accused persons were apprehended. A sword was
recovered from accused Banshilal vide Ex.P/16 on 10.11.2021, another
swords was recovered from accused/Sonu vide Ex.P/17 on 10.11.2021, a
sword was also recovered from accused/Munnalal vide Ex.P/18 on
10.11.2021, an iron pipe was recovered vide Ex.P/19 from accused Vinod on
10.11.2021, a wooden stick was recovered vide Ex.P/20 from
accused/Tijabai on 10.11.2021, a wooden stick was recovered vide Ex./P/27
from accused Mamta on 27.12.2021 and a wooden stick was recovered vide
Ex.P/28 from accused Pooja on 27.12.2021. After completing the
investigation, final report was submitted under Sections 323, 324, 294, 506-
II, 307 r/w 34 of IPC and under Section 25 of the Arms Act, 1959.
6. Charges under Section 148, 294, 307/149 (two counts) and 506-II of
IPC were framed against the accused persons/appellants. Additional charge
5 CRA-1246-2023
under Section 25(1-B)(B) of Arms Act, 1959 was framed against accused
persons Munnalal, Banshilal and Sonu.
7. The appellants/accused abjured the guilt. To bring him the guilt, the
prosecution has examined as many as 09 witnesses including the victim
Dayaram PW-1, Kalu PW-2, Mamta w/o Dayaram PW-3, ASI Prakash
Chandra PW-4, Rahul PW-5, Mangilal PW-6, Medical Officer Dr. Piyush
Mangriya PW-7, ASI K.S. Katara PW-8 and Investigating Officer Lokendra
Singh Thakur PW-9. In examination under Section 313 of Cr.P.C., 1973,
all the facts and circumstances were either denied or ignorance was
expressed. They pleaded false implication and no evidence was adduced in
their defense.
8. Appreciating the evidence, the learned trial Court recorded the
finding that the appellants found in unlawful assembly at about 07:00PM on
0611.2021 in village Raoti, Police Station Raoti, District Ratlam and at that
time, they were armed with deadly weapons and committed riots. They
caused injuries to Dayaram PW-1, Kalu PW-2 which were fatal to their lives
and also found proved that at that time, Munnalal, Sonu and Banshilal were
armed with swords without having license and convicted and sentenced the
appellants/accused persons as mentioned in para no.3, above of this
judgment. The appellants /accused were also acquitted from the charges
under Section 294 and 506-II of IPC.
9. Challenging the conviction and sentence, criminal appeal
nos.12148/2022 and 12352/2022 have been preferred on the ground that the
learned trial Court has committed error in ignoring the contradictions and
6 CRA-1246-2023
omissions in the oral testimony and a plea of false and fabricated implication
has been raised.
10. Criminal appeal No.1246/2023 has been preferred by victim
Dayaram PW-1 under Section 378(4) of Cr.P.C., 1973 on the ground that the
learned Session Judge has wrongly acquitted the accused persons/respondent
no.2 to 8 and inadequate sentence has been awarded ignoring the medical
evidence.
11. Heard.
12. Perused the record.
...
(GAJENDRA SINGH)
JUDGE
amit
