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Madhya Pradesh High Court

Ajit Prasad vs The State Of Madhya Pradesh on 21 January, 2026

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

NEUTRAL CITATION NO. 2026:MPHC-JBP:5951

1 CRA-2147-2006
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 21st OF JANUARY, 2026
CRIMINAL APPEAL No. 2147 of 2006
AJIT PRASAD
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Mahesh Acharya - Advocate for the appellant - Ajit Prasad.
Shri Rajeev Pandey - Panel Lawyer for the State of M.P.
WITH
CRIMINAL APPEAL No. 2164 of 2006
ANNILAL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri S.K. Thakur - Advocate for the appellants namely Annilal, Kishore and
Mukesh.
Shri Rajeev Pandey - Panel Lawyer for the State of M.P.

CRIMINAL APPEAL No. 128 of 2007
ASHOK AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
None for the appellants - namely Ashok and Bahadur.

Ms. Rashi Dua - Amicus Curiae for the appellants.
Shri Rajeev Pandey - Panel Lawyer for the State of M.P.

JUDGMENT

NEUTRAL CITATION NO. 2026:MPHC-JBP:5951

2 CRA-2147-2006 The appellant- Ajit Prasad is present in person alongwith his counsel Shri Mahesh Acharya in Cr.A. No.2147 of 2006.

2. The appellant - Annilal is present in person alongwith his counsel Shri S.K. Thakur in Cr.A. No.2164 of 2006.

3. No appears for the appellants namely Ashok and Bahadur. Therefore Ms. Rashi Dua is requested and appointed as amicus curiae for the appellants in Cr.A. No.128 of 2007.

4. Ms. Rashi Dua shall be entitled to claim the fee as per scheduled in such type of cases.

5. After going through the file and record she is ready to argue the case.

6. Aforesaid all three appeals are filed against the judgment dated 31.10.2006 and 14.12.2006 passed in S.T. No.30 of 2006 by learned Fourth Additional Sessions Judge, Jabalpur whereby the appellants have been convicted and sentenced as under :-

Appellant no. - Ajeet in Cr.A. No.2147 of 2006

Conviction S e n t e n ce Section Act Imprisonment Fine if Imprisonment fine deposited in lieu of Fine details 147 IPC R.I. for 1 year.. Fine of Additional R.I. Rs.1000/- for 1 month.

326/149 IPC R.I. for three Fine of Additional R.I. years. Rs.3000/- for 3 months.

NEUTRAL CITATION NO. 2026:MPHC-JBP:5951

3 CRA-2147-2006

Appellant nos.1 - Annilal in Cr.A. No.2164 of 2006

Conviction S e n t e n ce Section Act Imprisonment Fine if Imprisonment fine deposited in lieu of Fine details 148 IPC R.I. for two Fine of Additional R.I. years. Rs.1000/- for 1 month.

                            326/149        IPC         R.I. for three       Fine of     Additional R.I.
                                                       years.               Rs.3000/-   for 3 months.

Appellant nos.2 -Kishore in Cr.A. No.2164 of 2006 Conviction S e n t e n ce Section Act Imprisonment Fine if Imprisonment fine deposited in lieu of Fine details 148 IPC R.I. for two Fine of Additional R.I. years. Rs.1000/- for 1 month.

(each).

                            3269           IPC         R.I. for three       Fine of     Additional R.I.
                                                       years.               Rs.3000/-   for 3 months.

Appellant nos.3 -Mukesh in Cr.A. No.2164 of 2006 Conviction S e n t e n ce Section Act Imprisonment Fine if Imprisonment fine deposited in lieu of Fine details 148 IPC R.I. for two Fine of Additional R.I. years. Rs.1000/- for 1 month.

                            326/149        IPC         R.I. for three       Fine of     Additional R.I.
                                                       years.               Rs.3000/-   for 3 months.

NEUTRAL CITATION NO. 2026:MPHC-JBP:5951

4 CRA-2147-2006 Appellant nos.1 - Ashok in Cr.A. No.128 of 2007 in S.T. No.30 of 2006 judgment dated 14.12.2006.

                             Conviction                     S e n t e n ce
                             Section       Act         Imprisonment         Fine if      Imprisonment
                                                       fine                 deposited    in lieu of Fine
                                                                            details
                             147           IPC         R.I. for one         Fine of      Additional R.I.
                                                       year.                Rs.1000/-.   for 1 month.
                             326           IPC         R.I. for three       Fine of      Additional R.I.
                                                       years.               Rs.3000/-    for three
                                                                                         months.
                             324/149       IPC         R.I. for 1 year.     nil          nil.

Appellant nos.2 -Bahadur in Cr.A. No.128 of 2007 Conviction S e n t e n ce Section Act Imprisonment Fine if Imprisonment fine deposited in lieu of Fine details 147 IPC R.I. for one Fine of Additional R.I. year. Rs.1000/-. for 1 month.

                             326/149       IPC         R.I. for three       Fine of      Additional R.I.
                                                       years.               Rs.3000/-    for three
                                                                                         months.
                             324/149       IPC         R.I. for 1 year.     nil          nil.

7. The appellants- Ashok and Bahadur have been acquitted from the charge under Section 307/149, 325, 294 and 506 of IPC as per Para-75 of the impugned judgment.

8. All the appellants have been acquitted from the charge under Section 397, 294 and 506-B of IPC as per para 72 of the judgment.

9. The appellant no.1 - Ashok is produced from the jail custody,

NEUTRAL CITATION NO. 2026:MPHC-JBP:5951

5 CRA-2147-2006 Jabalpur. Ashok was sent to jail on 14.12.2025.

10. Ms. Rashi Dua, Amicus Curiae for the appellant no.1 Ashok and appellant no.2- Bahadur in Cr.A. No.128 of 2007 submits that Ashok and Bahadur both the real brothers and both are son of Shyamlal Gontiyan. Both of them are working as labourers.

11. As per para-82 of the judgment appellant - Ashok in Cr.A. No.128 of 2007 remained in custody from 20.10.2005 to 23.3.2006 and from 6.12.2006 to 14.12.2006, total 5 months and 11 days. The appellant - Bahadur in Cr.A. No.128 of 2007 has remained in custody from 20.10.2005 to 5.4.2006 and from 6.12.2006 to 14.12.2006, in total 5 months, 23 days.

12. As per para 87 of the judgment dated 31.10.2006 appellant - Kishore remained in judicial custody from 20.10.2005 to 4.3.2006 and from 28.4.2006 to 11.8.2006, in total 7 months and 27 days. Appellant - Mukesh remained in custody from 20.10.2005 to 4.3.2006 and from 4.4.2006 to 10.5.2006, total 5 months and 20 days. The appellant Annilal remained in judicial custody from 20.10.2005 to 5.4.2006, total 5 months and 15 days. Appellant - Ajeet Kumar remained in custody from 20.10.2005 to 3.3.2006, total 4 months 13 days.

13. It is further submitted that appellants- Ashok and Bahadur remained in custody and their suspension application was allowed on 29.1.2007 and subsequently it was verified. In Cr.A. No.2164 of 2006 the bail was granted to the appellants on 24.11.2006 and subsequently their bail was verified. In Cr.A. No.2147 of 2006 the suspension application was allowed on 11.11.2006 and subsequently the bail was verified.

NEUTRAL CITATION NO. 2026:MPHC-JBP:5951

6 CRA-2147-2006

14. Learned counsel for all the appellants submit that although appeals have been filed on merits. They pray that the conviction and sentences of all the appellants may be reduced to the period already undergone by the appellants and the fine amount may be raised as may be deemed fit.

15. Learned counsel for the respondent - State has no objection if the prayer as advanced by learned counsel for the appellants is allowed.

16. Heard learned counsel for the parties and perused the record.

17. Perused the statements of prosecution witnesses PW-1-Smt. Meerabai, PW-2-Dr. Smt. Deepmala Totade, PW-3-Bhola @ Deepnarayan, PW-4-Ramayan Prasad Khampariya, PW-5-Dr. Ku. Laveena Singh, PW-6- Dr. Rajesh Jain, PW-7-Jitesh @ Jitu, PW-8-Mangal @ Narayan, PW-9-Smt. Shashikala, PW-10-Smt. Usha Patel, PW-11-Kamta Singh Baghel, PW-12- Sunil Kewat, PW-13-Guddu @ Naresh, PW-14-Dr. Ravi Gurbani and PW- 15- Dr. Titesh Tambar. Statements of accused under Section 313 of Cr.P.C were recorded. It is seen that the conviction of all the appellants is well justified. Accordingly all the three appeals against conviction are rejected.

18. Regarding injuries as per para-42 of the judgment dated 31.10.2006 and 14.12.2006 passed in S.T. No.30 of 2006 the injured Manjhal Tiwari sustained a cut wound on left thigh, right hand and little finger and other contusions in total seven injuries. The injured was in the state of faint.

19. As per para-44 of the judgment on taking x-ray fracture was found on the right hand, index finger and on right radiuos and fracture of tabiya bone on the left leg.

NEUTRAL CITATION NO. 2026:MPHC-JBP:5951

7 CRA-2147-2006

20. As per para 45 of the judgment Dr. Ritesh Tanwar (PW-15) found five injuries on the body of the victim.

21. Learned Panel Lawyer for the State submits that there is only one injury in all cases and even while framing the charges by learned trial court there is no mention of causing grievous injury to the victim - Manjhal Tiwari.

22. Therefore looking to the old pendency of aforesaid three appeals between 19 to 20 years the jail sentence of all the aforesaid appellants is reduced to the period already undergone by them but the fine amount is enhanced from Rs.3000/- to Rs.10,000/- against each appellant under Section 326/149 of IPC to be deposited within 30 days from today by the appellants who are already on bail. The appellant no.1- Ashok (Cr.A. No.128 of 2007) who is in custody shall be released as per judgment on depositing the fine amount.

The fine if deposited earlier shall be adjusted. The fine amount under other Sections shall remain intact. The amount of 7000x6=Rs.42,000/- shall be paid to victim - Manjhal Tiwari as compensation.

23. With the aforesaid, aforesaid criminal appeals stand disposed of.

(AVANINDRA KUMAR SINGH) JUDGE

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