[Cites 4, Cited by 0]
Madhya Pradesh High Court
Yadunandan @ Jadunandan @ Chote Singh ... vs The State Of Madhya Pradesh on 31 March, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal, Avanindra Kumar Singh
NEUTRAL CITATION NO. 2026:MPHC-JBP:25415
1 CRA-1764-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 31st OF MARCH, 2026
CRIMINAL APPEAL No. 1764 of 2025
YADUNANDAN @ JADUNANDAN @ CHOTE SINGH GOND
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Akbar Hussain Usmani, Advocate for appellant.
Shri Ramji Pandey, Government Advocate for State.
JUDGMENT
DICTATED IN OPEN COURT
Per: Justice Vivek Agarwal
Heard on I.A.No.19162/2025, which is first application for suspension
of sentence and grant of bail to the sole appellant.
2 Learned counsel for the appellant prays for withdrawal of the aforesaid
application.
3 I.A.No.19162/2025 is accordingly dismissed as withdrawn.
4 With consent of learned counsel for the parties, this appeal is finally
heard.
5 This appeal is filed being aggrieved of judgment dated 18.9.2024 passed
by 5th Additional Sessions Jude-Deosar, District Singrauli in Sessions Trial
No.63/2020 convicting the appellant for the offence under Section 302 of the
Indian Penal Code, 1860 (for short "I.P.C") and sentencing him to undergo
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imprisonment for life with fine of Rs.15,000/- and in default of payment of
fine to undergo additional rigorous imprisonment for one year.
6 Learned counsel for the appellant submits that, as per the prosecution
story, on 2.3.2020 at about 9:00 PM, the deceased, Chandraman @ Brajesh,
was on his way to attend a Barat at the house of Bhagwan Singh. On the
way, he met the appellant, Yadunandan @ Jadunandan @ Chhote Singh
Gond, who allegedly gave him Rs.10/- and asked him to bring Rajshree.
When Chandraman @ Brajesh refused, the appellant slapped him on the
cheek and, after a brief altercation, threw him to the ground. Meanwhile, the
deceased's brother, Indraman, arrived at the spot and took him home, where
he was administered local treatment. On the following day, when he was
taken to Waidhan Hospital, he was declared brought dead.
7 Learned counsel for the appellant submits that, although it is true that
there was a fracture of the vertebra, the incident occurred on the spur of the
moment, without any premeditation or intention to cause death. It is thus
contended that the case of the appellant will fall within Exception-4 to
Section 300 of the IPC.
8 Learned Government Advocate for the State opposes the prayer made by
learned counsel for the appellant and prays for dismissal of the present
appeal filed by the appellant.
9 We have heard learned counsel for the parties and gone through the
record.
10 On perusal of the testimony of Dr.Pradeep Kumar Gupta (PW-12), we
find that there was a fracture of the 7th cervical vertebra. There was blood in
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the brain. The cause of death was neurogenic shock on account of fracture of
the vertebral bone. Rajendra Singh (PW.4) has turned hostile and has not
supported the prosecution case.
1 1 In view of the medical evidence, it is evident that the incident took
place on the spur of the moment and there was neither premeditation nor
intention to cause death, therefore, the case of the appellant will fall within
Exception-4 to Section 300 of the I.P.C.
12 Hence, the impugned judgment of conviction of the appellant
Yadunandan @ Jadunandan @ Chhote Singh Gond is alerted from one under
Section 302 to Section 304 Part-II o the I.P.C. The appellant is directed to
undergo rigorous imprisonment for seven years with fine of Rs.20,000/- and
in default of payment of fine to undergo additional rigorous imprisonment
for one year.
13 In above terms, this appeal is allowed in part.
14 Let record of the Trial Court be sent back forthwith.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
amit
