Niraj Zhalani vs Pramod Kumar Zhalani

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 218

SURYA KANT, N. KOTISWAR SINGH
Niraj Zhalani – Appellant
Versus
Pramod Kumar Zhalani – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. T. Mahipal, AOR, Mr. Harish Pandey, AOR
For the Respondent: Mr. Harish Pandey, AOR, Mr. T. Mahipal, AOR, Mr. Amit Sharma, A.A.G., Mr. Pashupathi Nath Razdan, AOR, Ms. Mrigna Shekhar, Adv.

ORDER :

1. These cross-appeals emanate from the judgment dated 08.05.2012, passed by the High Court of Madhya Pradesh, Bench at Indore, whereby two cross-appeals have been decided.

2. The facts are briefly noticed from the lead appeal, i.e., Criminal Appeal No.1226/2014.

3. The appellant and respondent No.1 are closely related. They entered into a scuffle on 03.02.2003 and caused injuries to each other. The appellant was stabbed in stomach by respondent No.1 and had to be hospitalised, whereupon FIR No.62/2003 was registered under Sections 294, 307 and 323 of the Indian Penal Code, 1980 (in short, the “IPC”) at P.S. Manak Chowk, Ratlam, Madhya Pradesh.

4. Respondent No.1, too, was injured, and on his complaint, FIR No.63/2003 was registered against the appellant under Sections 294, 307 and 323 IPC at the same Police Station, i.e., P.S. Manak Chowk, Ratlam, Madhya Pradesh.

5. In both the cases, the chargesheets under Section 307 IPC and other associated offences were filed. In the first case, i.e, FIR No.62/2003, the Trial Court held respondent No.1 guilty of offence under Section 307 IPC and sentenced him to undergo three years’ Rigorous Imprisonment with a fine of Rs.1,000/-(Rupees One

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