IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL &

HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA th ON THE 24 OF APRIL, 2025 CRIMINAL APPEAL No. 10297 of 2022 PRATEEK SANODIYA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Siddharth Datt - Advocate for the appellant.

Shri Nitin Gupta - Government Advocate for the respondents/State.

WITH CRIMINAL APPEAL No. 1559 of 2023 KU. DISHA MESHRAM Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Bhupendra Shukla - Advocate for the appellant.

Shri Nitin Gupta - Government Advocate for the respondents/State.

Shri Siddharth Datt - Advocate for respondent No.2.

JUDGMENT Per: Justice Devnarayan Mishra This appeal under Section 374(2) of the Cr.P.C. has been preferred by the appellant being aggrieved by the judgment of conviction and sentence passed by Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Seoni, District-Seoni in SCATR No.200032/2013 Signature Not Verified dated 29.10.2022 by which the appellant Prateek Sanodiya in CRA No.10297/2022 has been convicted for the offence punishable under Section 341 of IPC and sentenced to undergo R.I. for 1 month with fine amount of Rs.1,000/-, under Section 326 of IPC and sentenced to undergo R.I. for life with fine of Rs.20,000/-, under Section 309 of IPC and sentenced to undergo SI for 6 months with fine of Rs.1,000/- and under Section 3(2)(v) of SC/ST (POA) Act, 1989 and sentenced to undergo imprisonment for life with fine of Rs.20,000/- with default stipulations.

2. Appeal No.1559/2023 has been filed by the victim being aggrieved with the acquittal recorded in favour of the co-accused Gaurav Dehariya.

3. In nutshell, the prosecution case before the trial Court was that victim Ms. Disha Meshram (PW-8) along with her friend Nidhi Sakatpuriya (PW-9), on 18.02.2013 at about 18:05 hours, on scooty Pept, was going to market, when they reached ahead Ganesh Chowk, Vaishnavi Hospital, Seoni, all of a sudden, the appellant Prateek Sanodiya along with co-accused came there and stopped her scooty and assaulted victim Ms. Disha Meshram (PW- 8) with knife on her face, neck, throat, stomach and hands and threatened that he will kill himself. After that, the appellant injured himself and thus attempted suicide. Nearby persons carried the victim and the appellant in Civil Hospital, Seoni. Dehati Nalishi (Ex.P/11) was recorded by Police Station Kotwali, District Seoni on 18.02.2013 at 20:35 hours, on that basis, FIR was registered in crime No.78/2013 in Police Station Seoni. The injured victim was referred to Higher Centre. On that, his family members carried him to the Suretech Hospital and Research Centre, Nagpur where she was Signature Not Verified treated. Appellant after the treatment along with co-accused were arrested and from their possession, motor-cycle and knife were recovered. Charge- sheet was filed under Sections 307, 309, 354, 120-B and 341 r/w 34 of IPC and Section 25 of Arms Act and Section 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention Of Atrocities) Act.

4. The trial Court framed and read over the charges under Sections

341, 326 and 309 of IPC and Section 326, 25(1)(v)(B) of Arms Act and Section 3(2)(v) of SC/ST (POA) Act. The co-accused under Sections 341, 326/34 and 120-B of IPC to the appellant. The appellant abjured the guilt and prayed for trial.

5. The trial Court recorded the evidence of the prosecution witnesses and examined the appellant under Section 313 of Cr.P.C. and after hearing both the parties, passed the impugned judgment, hence, these appeals.

6. Learned counsel for the appellant has submitted that the trial Court has not appreciated the fact that as per the query report submitted by doctor, who firstly attended her, injuries were simple in nature and when she was admitted in Nagpur Hospital, plastic surgery was done and thus, no disfigurement remained after the treatment but the trial Court has not considered this aspect.

7.