Rajendra vs The State Of Madhya Pradesh on 30 January, 2026

NEUTRAL CITATION NO. 2026:MPHC-JBP:8819

1 CRA-848-2012
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 30th OF JANUARY, 2026
CRIMINAL APPEAL No. 848 of 2012
RAJENDRA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
None for appellants.
Mr. Manohar Meena - Panel Lawyer for State.
WITH
CRIMINAL APPEAL No. 941 of 2012
PINKI NARWARE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
None for appellants.
Mr. Manohar Meena - Panel Lawyer for State.

ORDER

As per PUD dated 22.01.2026 of A.G. Office and as per the

photocopy of the death certificate, appellant no.2 Neeraj of Criminal Appeal No.848 of 2012 has been died on 15.11.2020, therefore, Criminal Appeal No.848 of 2012 in respect of appellant no.2 Neeraj, this appeal stands abated.

2. As none is appearing on behalf of appellants in both the appeals, Mr. Mayur Gulati - Advocate is appointed as amicus curiae to

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2 CRA-848-2012

argue on behalf of present appellants in both the appeals.

3. Both the appeals have been filed by the appellants under Section 374 (2) of Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 28.03.2012 passed by the learned Twelfth Additional Sessions Judge, District Bhopal (M.P.) in S.T. No.162 of 2009 whereby all the appellants have been convicted under Section 326/149 of the Indian Penal Code and sentenced to undergo R.I. for three years with fine of Rs.200/- each, under Section 323/149 of the Indian Penal Code and sentenced to undergo R.I. for six months, under Section 148 of the Indian Penal Code and sentenced to undergo R.I. for one year with fine of Rs.100/- each with default

stipulations.

4. The prosecution case in brief is that on 17.03.2008, on the complaint of the complainant Shyamsunder Sharma, son of Kedarnath Sharma, aged about 33 years, resident of M. No. 121, Sudama Nagar, Bhopal, a dehati nalishi was recorded by ASI S.S.P. Chandel of Police Station Kamla Nagar, Bhopal, at Sharda Hospital, Bhopal, which was registered as Crime No.0 of 2008 (Exhibit P/13). It was stated in the complaint that the complainant is an LIC agent and also runs a grocery and STD/PCO shop at his residence in the name and style of "Sharma Kirana and General Store", where his younger brother Gopal Sharma usually sits. On 17.03.2008, at about 8:30 p.m., the complainant was present in a room of his house, while his younger brother Gopal Sharma

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3 CRA-848-2012 was sitting in the shop situated on the ground floor. At that time, the complainant heard noises of shouting and vandalism coming from the shop downstairs. He immediately came out of the room and saw that Rajendra, Pinky, Gotu, Neeraj, Tilak, along with ten to fifteen other persons, all residents of Nehru Colony, were present there. The other associates, whom the complainant could identify by face, were all armed with iron swords, iron rods and sticks. Without any provocation or lawful justification, they suddenly arrived at the shop and launched an attack, hurling filthy and abusive language. They damaged the telephone installed in the complainant's STD/PCO shop by striking it with sticks and also caused damage to the complainant's scooter bearing registration No. MP-04-NA-9467, which was parked near the shop, by breaking its coach tank and lights. They further damaged a CT-100 motorcycle bearing registration No. MP-04-N-4332 belonging to tenant Sachin Sharma, a Hero Honda motorcycle bearing registration No. MP-04-NS- 3907 belonging to Girish Kumar, and a Fiat car bearing registration No. MP-04-AA-1828, which was parked at a short distance, by hitting them with rods, sticks and swords. When the complainant's younger brother, Gopal Sharma, questioned the accused persons regarding the said acts of vandalism and refused to use abusive language, all the accused persons, namely Rajendra, Pinky, Gotu, Neeraj, Tilak, along with their ten to fifteen associates, sharing a common intention to kill Gopal Sharma,

suddenly assaulted him with deadly weapons. All the accused persons

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4 CRA-848-2012 collectively attacked Gopal Sharma with swords, rods and sticks and caused injuries on his head above the left eye, left hand and left leg. As a result of the said assault, Gopal Sharma fell on the ground and became unconscious. Upon witnessing his younger brother Gopal Sharma fall to the ground, the complainant Shyamsundar Sharma rushed to intervene and rescue him. At that time, the same accused persons assaulted the complainant by striking him with a sword on the right side of his abdomen and also caused injuries to his right hand and back by beating him with sticks. When other persons, namely Sachin Sharma and Hariom Sharma, attempted to intervene and pacify the situation, they too were assaulted by the accused persons and sustained injuries. The accused persons also assaulted Sumanbai, Bhaijabai and Uma, causing injuries to them as well. After committing the aforesaid acts, the accused persons abused the complainant and other injured persons and extended criminal threats, stating in substance that they had been spared for the day and would be killed in future. Thereafter, the accused persons fled from the spot. After the accused persons left, the complainant/reporter Shyamsundar Sharma took his injured younger brother Gopal Sharma on a motorcycle and immediately transported him to Sharda Hospital, Bhopal, where Gopal Sharma was admitted for treatment. On the basis of the above report, a case was registered under Sections 326, 149, 307/149, 148, 427, 506 of IPC at Crime No. 123 of 2008 of Kamla Nagar Police Station.

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5. After completion of investigation, charge-sheet was filed in the competent court, which on its turn committed the case to the court of session and from where it was received by the court of Sessions Judge for trial.

6. The learned trial Judge on going through the evidence available in the charge sheet framed charge against appellants for the offence punishable under Sections 148, 307,/149, 324/149, 323/149, 427/149 of IPC, which they denied and claimed for the trial.

7. In order to bring home the charges, the prosecution examined as many as 13 witnesses, namely, Girish Kumar Sharma (PW-1), Baija Bai (PW-2), Satyanarayan Sharma (PW-3), Shyamsunder Sharma (PW-

4), Dr. A.K. Thakur (PW-5), Dr. Rajeev Sharda (PW-6), Dr. Sabhya Sanchi Gupta (PW-7), Smt. Uma Sharma (PW-8), S.P.S Chandel (PW-

9), Dashrath Rai (PW-10), Raees Ahmad Khan (PW-11), Vinod Jain (PW-12), S.P. Aharwal and placed Ex.P/1 to P/30 the documents on record.

8 . The accused abjured their guilt and pleaded complete innocence. The defence of accused is of false implication. they did not choose to examine any witness in their defence.

9. The learned trial Judge after appreciating and marshalling the evidence has convicted the all the accused/appellants under Sections 326/149, 323/149 and 149 of the Indian Penal Code and sentenced as mentioned in para 1 of this judgment. In this manner, the present

NEUTRAL CITATION NO. 2026:MPHC-JBP:8819

6 CRA-848-2012 appeals have been filed by appellants.

10. At the outset it is submitted that by the learned amicus curiae appearing on behalf of appellants that he is not pressing the appeals on merits and pressing it only on the point of sentence. As regards sentence, It is submitted by the learned amicus curiae that present appellants were 19 to 27 years of age at the time of commission of offence. It is also submitted that the incident is of the year 2008 and since then they are facing the ordeal of trial. It is submitted that as per the custody reports received from the concerned jails, appellant Rajendra was in custody from 18.03.2008 to 03.05.2008 and from 09.03.2011 to 13.04.2011, appellant Pinky was in custody from 03.04.2008 to 05.05.2008 and from 28.02.2011 to 13.04.2011, appellant Gotu was in custody from 03.02.2008 to 07.05.2005, appellant Tilak was in custody from 02.06.2008 to 06.06.2008. They are the first offenders having no criminal antecedents. They remained cooperative during the trial and before this Court. Therefore, it is prayed that sentence of the appellants may be reduced to the period already undergone while enhancing the fine amount suitably.

11. Learned counsel for the State supported the impugned judgment but he has no objection on deciding the appeal on the point of

sentence.

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

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7 CRA-848-2012

13. After hearing learned counsel for both the parties and on perusal of the record, it is found that trial Court has rightly appreciated the evidence on record and rightly convicted the appellants under Sections 326/149, 323/149 and 148 of the Indian Penal Code. Therefore, findings of conviction for the alleged offence under Sections 326/149, 323/149 and 148 of the Indian Penal Code are upheld.

14. As regards sentence, considering the facts and circumstances of the case; evidence on record; taking into account the age of accused/ appellants who were between 19 to 27 years of age at the time of commission of offence; contention of the counsel that accused/appellants are the first offenders and have no criminal antecedents; they been facing ordeal of trial since 2009 and they were on bail during the trial and the pendency of this appeal but they never misused the liberty so granted, this Court is of the view that the ends of justice would meet if while reducing the jail sentence of appellants to the period already undergone by them, the fine amount is enhanced under Section 326 of the Indian Penal Code from Rs.200/- to Rs.2,500/- each and the fine amount is enhanced under Section 148 of the Indian Penal Code from Rs.100/- to Rs.2,500/- each (total Rs.5,000/- each).

15. Accordingly, while affirming the conviction of the appellants under Sections 326/149, 323/149 and 148 of the Indian Penal Code, jail sentence of the appellants is reduced to the period already undergone by them and fine amount is enhanced under Section 326 of the Indian Penal

NEUTRAL CITATION NO. 2026:MPHC-JBP:8819

8 CRA-848-2012 Code from Rs.200/- to Rs.2,500/- each and the fine amount is enhance under Section 148 of the Indian Penal Code from Rs.100/- to Rs.2,500/- each (total Rs.5,000/- each), which shall be deposited by them within a period of 60 days from today. The fine amount, if any already deposited by the appellants be adjusted against the aforesaid amount of fine. The equal amount of fine out of entire amount of fine be paid to the complainants as compensation under Section 357 of Cr.P.C.

1 6 . The appellants are on bail, their bail bonds shall stand discharged. However, it is clarified that if fine amount as quantified by this Court is not deposited within a period of 60 days from today, they would surrender themselves to serve the entire jail sentence as awarded by the learned trial Court with default stipulations.

17. Let record of the Trial Court along with copy of this order be sent back to the concerned Trial Court for information and necessary compliance.

18. With the aforesaid, the both the appeals are disposed of.

(RAJENDRA KUMAR VANI) JUDGE

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