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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vivek Agarwal, Avanindra Kumar Singh
Yagyapal Patel – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Vivek Agarwal, J.
Shri Siddharth Datt, learned counsel for the appellant instead of pressing I.A. No.7960/2025, which is third application under Section 430 (1) of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail to appellant Yagyapal Patel S/o Shri Baidhyanath Patel, prays that this appeal be heard finally.
2. Accordingly, I.A. No.7960/2025 is dismissed as not pressed and with the consent of the parties, the appeal is heard finally.
3. This criminal appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 read with Section 14-A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is filed by the convicted appellant - Yagyapal Patel being aggrieved of the judgment dated 21.06.2023 passed by the learned Special Judge (SC/ST), Rewa (M.P.) in Special case No.20028/2015 (State of Madhya Pradesh Vs. Yagyapal Patel), wherein the appellant stands convicted for offence under Section 304 Part-II of IPC and Section 3(2)(v) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for brevity 'SC/ST Act') and sentenced to undergo R.I. for 7 years (fine of Rs.100/-) and life imprisonment (fi
To convict under SC/ST Act, evidence must show the crime was motivated by the victim's caste; mere membership is insufficient without demonstrable bias.
No prima facie case for framing charges under IPC 307 absent life-endangering intention on non-vital injuries; SC/ST Act inapplicable sans public-heard caste slurs, corroboration, amid rivalry and FI....
Court affirmed convictions for assault under IPC but reversed those for attempted murder and caste-based abuse due to lack of evidence, emphasizing intent and corroborative testimony.
Sentence should not be either excessively harsh or ridiculously low. While determining quantum of sentence, court should bear in mind the 'principle of proportionality'. Sentence should be based on f....
For conviction under the SC/ST Act, prosecution must prove both caste identity and an intent to harm due to that identity; lack of such proof invalidates the charge.
The court affirmed that references to repealed penal provisions must be interpreted as references to their re-enacted counterparts, ensuring the applicability of the SC/ST Act.
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