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. 10501 of 2022 SHIVDAYAL Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Narendra Tiwari - Advocate for the appellant. Shri Nitin Gupta - Public Prosecutor for the State.

ORDER Per: Justice Vivek Agarwal This appeal is filed by the appellant being aggrieved of the impugned judgment dated 02.09.2022 passed by learned Second Additional Sessions Judge, Lakhnadon, Seoni in Sessions Trial No.30/2021 whereby the appellant has been convicted for offences punishable under Sections 302 and 201 of the IPC and has been sentenced to undergo life imprisonment (fine of Rs.2,000/-) and RI for 1 year (fine Rs.1,000/-) with default stipulation of additional RI for 3 months and RI for 1 month.

2. Shri Narendra Tiwari, learned counsel for the appellant submits that as per the prosecution story, the complainant - Vijay Yadav registered merg intimation bearing No. 00/2020 to the effect that on 10.05.2020 at about 09:30 PM, his brother-in-law, namely, Ramnath Yadav and elder mother-in- law Chandrawati Bai and younger mother-in-law Indobai were in altercation Signature Not Verified Signed by: KOUSHALENDRA on account of partition of land. When hearing loud voices, the complainant Vijay Yadav had gone to the house of Indobai where Ramnath was in altercation with Chandrawati and Indobai, his younger brother-in-law Shivdayal asked Ramnath as to why he is unnecessarily causing dispute then Ramnath started abusing Shivdayal. At that time, Shivdayal had picked up a "Bakkhar" (a broken piece of wood) and hit Ramnath on his head causing injuries on his head as a result of which, Ramnath started bleeding and consequently died.

3. After merg investigation, actual merg No.17/2020 under Section 174 of the Cr.P.C. and actual Crime No.202/2020 under Section 302 of the IPC were registered. After postmortem, the dead-body was handed over, spot map was prepared and after investigation, charge-sheet was filed before JMFC, Lakhnadon, the matter was committed to the Sessions Court. The appellant abjured his guilt and thereafter trial was conducted and the appellant is convicted and sentenced as mentioned above.

4. Shri Narendra Tiwari, learned counsel for the appellant submits that it is a case of single blow and hence, it will be covered under Part II of Section 304 of the IPC inasmuch as the appellant may have had the knowledge but there was no intention to cause death of Ramnath. Secondly, it is submitted that the trial Court has wrongly convicted the appellant under Section 201 of the IPC on the ground that the appellant is guilty of hiding of broken piece of wood without appreciating the fact that such hiding of weapon of offence will not be covered under the provision of Section 201 of the IPC.

5. Counsel for the appellant places reliance on the decision of the Signature Not Verified Signed by: KOUSHALENDRA Supreme Court in the case of Hussainbhai Asgarali Lokhandwala v. State of Gujarat, (CRA No.1691 of 2023 and other connected matters decided on 14.08.2024) to submit that Hon'ble the Supreme Court altered the sentence to the period of incarceration already undergone by the accused under similar facts and circumstances.

6. Shri Nitin Gupta, learned public prosecutor supports the impugned judgment and submits that impugned judgment of conviction is not required to be interfered with especially when as per the postmortem report Exhibit P-

18, there were four injuries found by the doctor (PW-9).

7. After hearing learned counsel for the parties and going through the record, it is evident that in postmortem report, Exhibit P-18, PW-9 has mentioned presence of four injuries, namely, lacerated wound on parietal bone (left side) above 5 cm above left ear 2x2x0.5cm; lacerated wound on parietal bone at level zygomatic arch measuring 4x1x2 cm; lacerated wound on Occipital bone at level of external acousti