[Cites 12, Cited by 0]
Madhya Pradesh High Court
Ashish @ Loljeet Singh Patel Korav vs The State Of Madhya Pradesh on 17 March, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2026:MPHC-JBP:22115
1 CRA-9496-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 17th OF MARCH, 2026
CRIMINAL APPEAL No. 9496 of 2025
ASHISH @ LOLJEET SINGH PATEL KORAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sharad Verma - Advocate for the appellant.
Shri Veer Vikrant Singh - Dy. Advocate General for the respondent/State.
Heard on : 24.02.2026.
Pronounced on : 17.03.2026
JUDGMENT
Per: Justice Ratnesh Chandra Singh Bisen
Heard on I.A. No.30016/2025 which is first application under Section
430 of Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of sentence
and grant of bail to the appellant.
2. Counsel for the appellant seeks withdrawal of the application.
3. Accordingly, I.A. No. 30016/2025 is dismissed as withdrawn.
4. With the consent of counsel for the parties, the matter is finally heard.
5. The present criminal appeal under Section 415(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 has been preferred by the appellant, being
aggrieved of the judgment of conviction and order of sentence dated
12.09.2025 passed by the learned Additional Sessions Judge, Junnardev,
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District Chhindwara (M.P.) in Sessions Trial No. 18/2024, whereby the
appellant has been convicted for the offence punishable under Sections 302,
307 of the Indian Penal Code and Sections 146/196 and 130(3)/177 of the
Motor Vehicle Act, 1988 and sentenced to undergo imprisonment for life
along with a fine of Rs. 25,000/-, R.I. for 07 years with fine of Rs.5000/-,
fine of Rs.2000/- and fine of Rs.500/- with a default stipulations. All
sentences to run concurrently.
6. The case of the prosecution, in brief, is as under:-
6.1 On 18.01.2024, the accused, Ashish @ Lokjeet Singh, drove a Bolero
vehicle (MP-28 G-3854) to Newton Petrol Pump. After filling diesel, he left
without making payment. When the petrol pump employees attempted to
stop him, he drove the vehicle towards them and hit one employee, then fled
towards Jhirpa.
6.2 Upon receiving information, the police set up a barricade in front of
Mahuljhir Police Station. At about 8:50 a.m., the accused was seen driving
the vehicle at high speed. Despite clear signals to stop, he allegedly drove the
vehicle towards Assistant Sub-Inspector Naresh Sharma and ran him over.
ASI Naresh Sharma sustained grievous injuries and later died during
treatment.
6.3 An FIR was initially registered under Section 307 of the Indian Penal
Code (attempt to murder). After the death of ASI Naresh Sharma, Section
302 IPC (murder) and relevant provisions of the Motor Vehicles Act were
added. After completion of investigation, including seizure of the vehicle,
recording of statements, and forensic examination, a charge sheet was filed.
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As the offences under Sections 302 and 307 IPC are exclusively triable by a
Court of Sessions, the case was committed to the Sessions Court.
7. Counsel for the appellant has submitted that the appellant/accused did
not intend to kill ASI Naresh Sharma. He was trying to escape, not commit
murder. There was no planning or prior enmity with the police officer. At
most, it may be a case of knowledge of risk, not intention to kill. Therefore,
Section 302 IPC should not apply. He submitted that the incident at the petrol
pump also happened while escaping. There was no clear intention to kill the
employee, so Section 307 IPC is not made out. If any offence is made out, it
may fall under lesser offences like culpable homicide not amounting to
murder or rash and negligent driving and as such, the appellant is entitled to
the benefit of doubt.
8 . Per contra, counsel for the respondent/State submitted that the
appellant/accused drove the vehicle at high speed and ignored clear police
signals to stop. He deliberately drove towards ASI Naresh Sharma and ran
him over. He further submitted that a vehicle used in this way becomes a
deadly weapon, and such an act clearly shows intention to kill. The earlier
act of hitting the petrol pump employee also shows violent conduct and
intention. According to him, this is not a case of mere negligence; it is a
deliberate act and, therefore, Section 302 IPC (murder) and Section 307 IPC
(attempt to murder) are rightly applied and as such, he prayed that no
interference is warranted in the judgment of the trial Court.
9. Heard learned counsel for the parties and perused the record.
10. In order to bring home the charges, the prosecution has examined as
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many as 13 witnesses.
11. R. Bhushan Kumar (PW-1) was posted as Constable at Police Station
Mahuljhir since 2017, deposed that on 18.01.2024 at about 8:50 AM, the
incident occurred in front of the police station. Most staff were on duty at the
Anhoni Fair. On receiving information from Dial 100 drivers about a
suspicious Bolero (MP 28 G-3854) leaving Newton Petrol Pump, he
informed A.S.I. Naresh Sharma, who directed that the vehicle be stopped.
They blocked the road and signalled the vehicle. The Bolero came at high
speed and attempted to hit them. They moved aside, but the driver drove
towards A.S.I. Naresh Sharma and ran over him, causing serious injuries.
The vehicle then overturned. This witness further deposed that he
apprehended the accused, who disclosed his name as Ashish alias Lokjeet
Singh Patel and admitted that after filling petrol worth Rs. 3,500/-, he was
trying to escape and had decided to run over anyone who obstructed him.
A.S.I. Sharma was taken to hospital but later died. He lodged the FIR, and
after post-mortem, the body was handed over to the family.
12. Sachin Rai (PW-2), in his examination-in-chief, corroborated the
statement of Bhushan Kumar (PW-1). He stated that when the driver was
questioned, he disclosed his name as Ashish alias Lokjeet Singh. The police
interrogated him and prepared a memorandum marked as Ex. P/7. He
deposed that on 18.01.2024, the spot panchnama of the place of occurrence
was prepared, Ex. P/8. The police also prepared an identification panchnama
of the CCTV footage, marked as Ex. P/9.
13. Rupendra Thakur (PW-3) deposed that on 18.01.2024, at Delakhari
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Police Outpost, Thana Tamia, a chocolate colored vehicle (MP 28G-3854)
was reported fleeing from Newton Petrol Pump without payment. The caller
stated it was a camper vehicle. He stated that Constable Pramod and he tried
to intercept it, but the vehicle did not stop. A person with a bleeding mouth
informed us that the driver had kicked him. We followed the Bolero vehicle
toward Mahuljir. Locals, including Sachin Rai, Rahul, and another person,
tried to stop it. The driver attempted to run over them. ASI Naresh Sharma
also tried to stop the vehicle but was thrown about 15 feet. The vehicle
eventually overturned, and police pulled the driver out. He identified himself
as Lokjeet Patel.
14. Vishal Navik (PW-4) stated that on 18.01.2024, a call from Dial 100
informed him that a pickup vehicle had left a petrol pump without paying for
diesel. A.S.I. Naresh Sharma returning from a nearby hand-pump after taking
shower, was informed by constable Bhushan. Since there was no proper
vehicle stopper at the police station, Naresh Sharma and staff stopped
another pickup vehicle and waited 20-25 minutes for the chocolate coloured
vehicle. Naresh Sharma stationed one staff member and two civilians near a
tea shop to intercept it. When the chocolate coloured vehicle approached, the
driver ignored the signals, swerved, and ran over A.S.I. Naresh Sharma, who
was standing in the middle of the road trying to stop the vehicle.
15 Rahul Paul (PW-5) has also corroborated the statement made by R.
Bhushan Kumar (PW-1) in his examination-in-chief.
16. Ravindra Pawar (PW-8) stated that on 18.01.2024 while on duty at the
Anhoni Fair, information was received that ASI Naresh Sharma had met with
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an accident near Police Station Mahuljhir. He was immediately shifted for
treatment, and later died at District Hospital, Chhindwara. As per CCTV
footage and eyewitness Constable Bhushan Kumar Bahetwar, at about 9:00
AM ASI Sharma tried to stop a chocolate-coloured Bolero (MP-28-G-3854).
The driver drove rashly and intentionally hit him, dragging him several feet
and overturning his motorcycle. Crime No. 02/2024 was registered under
Section 307 IPC on Bhushan Kumar's report and later converted to Section
302 IPC after Sharma's death. FSL Officer Ajala Johri inspected the spot
and seized blood-stained soil, control soil, cotton, and vehicle parts. The
Bolero and documents were seized and photographed. He was arrested.
Witness statements under Sections 161 and 164 of Cr.P.C. were recorded,
and CCTV footage was seized and preserved as evidence.
17. Akash Yaduwanshi (PW-9) stated that he has been working at Chauhan
Petrol Pump, Newton Tehsil Parasia, on Tamiya Road for the past one and a
half years. He deposed that about five months ago, around 6:00 AM, a
chocolate-coloured Bolero came, and he filled its diesel tank as requested by
the driver. After the tank was full, the driver quickly drove away without
paying Rs.3500/-. He stated that he along with his colleague Mohit
Yaduvanshi chased the vehicle on their motorcycle for about 30 km. Near
Banjari Mai Temple, the driver hit his motorcycle, causing both of us to fall
and injuring his nose. The driver escaped with the vehicle. He filed a report
at Newton Police Station regarding the non-payment of diesel. He deposed
that he do not know what the driver did afterward.
18. Mohit Yaduwanshi (PW-10) has also corroborated the statement made
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by PW-9 during his examination-in-chief."
19. Rekhan Shah Uikey (PW-11) stated that on 18.01.2024, he was posted
as Head Constable at District Hospital Police Chowki, Chhindwara. He
deposed that on the said day, at Thana Mahuljhir, he, along with Constable
Bhushan, tried to stop a vehicle i.e. MP28G- 3854) whose driver was fleeing
without paying at Newton Petrol Pump. The driver deliberately ran over
Naresh Sharma, causing severe injuries that led to his death. Following this,
he recorded the Dehati Marg intimation (Exhibit P-2), prepared the safina
form (P-91, the Map Panchanama (Ex.P-92), and my duty certificate for the
post-mortem (Ex.P-93), signing all as required.
20. Amit Sharma (PW-12) deposed that he was posted in the office of
Police as a Constable CCTV control room and stated that he visited the
station on 29.01.2024. he accessed the CCTV footage on the official
computer, stored it, and prepared a panchnama (Ex..P/9). He further deposed
that on the same day, at Delakhari Outpost, he retrieved and stored CCTV
footage and prepared panchnama Ex. P/35. The Mahuljhir footage was
copied to DVD and pen drive and handed over to Sub-Inspector Ravindra
Pawar, who seized it and prepared seizure memo Ex.P/12. Similarly, the
Delakhari footage was handed over, with seizure memo Ex. P/36. He also
prepared PW-12 certificate for the stored footage. He personally verified the
footage on the official computers at both Mahuljhir and Delakhari, which
recorded the incident on the main road in front of Mahuljhir Police Station,
in accordance with Section 65-B of the Indian Evidence Act.
21. Dr. Ajayraj Rajput (PW-7) deposed that he conducted the postmortem
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of Naresh Sharma and opined that the primary cause of death of the deceased
was multiple fractures and injuries causing severe blood loss, consistent with
trauma. Death occurred within 24 hours of examination.
22. During the course of arguments, learned counsel for the appellant has
submitted that the case does not fall under Section 302 of IPC because the
appellant/accused has no intention to kill A.S.I. Naresh Sharma but he tried
to escape from the clutches of the police and because of this, the incident
happened and, therefore, the case would fall under Section 304 Part II of IPC
23. In view of the discussion made hereinabove and after considering the
evidence available on record, we are of the view that the appellant was trying
to escape after not paying for diesel. He drove the vehicle at high speed and
ignored police signals to stop and hit and ran over A.S.I. Naresh Sharma,
causing his death. However, there was no prior enmity or clear plan to kill
the officer. The main intention appears to have been escape, not murder.
Still, by driving the vehicle in such a dangerous manner, the appellant clearly
knew that his act could cause death and, therefore, the offence does not
amount to murder under Section 302 IPC but it amounts to culpable
homicide not amounting to murder under Section 304 Part II of Indian Penal
Code because the appellant had knowledge that his act was likely to cause
death.
24. The Supreme Court in case of State of Arunachal Pradesh Vs.
Ramchandra Rabidas @ Ratan Rabidas and another reported in (2019)10
SCC 75 has clearly held that when a person drives a vehicle so recklessly,
rashly or negligently that it causes the death of a person, and of which he had
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knowledge as a reasonable man, that such act was dangerous enough to
cause death, he may be attributed with the knowledge of the consequence,
and may be held liable for culpable homicide not amounting to murder,
which is punishable under Section 304 Part II IPC.
25. After considering the whole evidence available on record, we finds
that the appellant drove the vehicle in a rash and dangerous manner while
trying to escape after not paying for diesel. During this attempt, he hit and
ran over A.S.I. Naresh Sharma, who later died due to the injuries. However,
the evidence does not clearly show that the appellant had the intention to kill
A.S.I. Naresh Sharma. The circumstances show that his main intention was
to escape, though he had knowledge that driving the vehicle in such a
manner could cause death. Therefore, the offence does not amount to murder
under Section 302 IPC, but amounts to culpable homicide not amounting to
murder under Section 304 Part II IPC. Further, the prosecution has not
proved the required intention for the offence under Section 307 IPC in
relation to constable Bhushan. Hence, the appellant is entitled to the benefit
of doubt for that charge.
26. Accordingly, the conviction under Section 302 IPC is set aside, instead
the appellant is convicted under Section 304 Part II of IPC and sentenced to
rigorous imprisonment for 07 years and a fine of Rs. 50,000/-. In default of
payment of fine, the appellant shall undergo further Rigorous Imprisonment
for a period of two years.
27. The conviction of the appellant recorded by the trial Court under
Sections 146/196 and 130(3)/177 of the Motor Vehicles Act is hereby
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affirmed and the appellant is sentenced with fine as awarded by the trial
Court. All the sentences shall run concurrently, and the appellant will get the
benefit of set-off for the period already spent in custody
28. The appellant is acquitted of the offence under Section 307 of the IPC.
29. The appeal is partly allowed to the aforesaid extent.
30. Let a copy of the judgment along with the record be sent back to the
trial Court forthwith for information and necessary action.
(VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN)
JUDGE JUDGE
Rao
