A lack of medical evidence demonstrating injuries as life-threatening warranted reclassification of charges under IPC from Section 307 to 326, considering time served and compromise between parties.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI st ON THE 21 OF AUGUST, 2025 CRIMINAL APPEAL No. 14650 of 2023 SURYABALI KOL AND OTHERS Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Vijay Kumar Lakhera - Advocate for appellant.

Shri Dayaram Vishwakarma - Public Prosecutor for respondent/State.

ORDER This appeal has been filed by present appellants being aggrieved by th the judgment dated 26.10.2023 passed by the 8 Upper Sessions Judge Rewa, District Rewa (M.P.), in ST No.500115/2013 whereby appellant No.1-Suryabai Kol has been convicted for the offence under Section 307 of IPC and sentenced to undergo seven years R.I. with fine of Rs.1000/- whereas appellant No.2-Ramchandra Kol has been convicted under Section 307 /34 of IPC and sentenced to undergo seven years R.I. with fine of Rs.1000/-, with default stipulations.

2. It is submitted by the counsel for present appellants that as far as the veracity of statements of prosecution witnesses is concerned, they are not challenging it, but the conclusion of the trial Court as regards the offence committed under Sections 307 and 307/34 of the IPC is erroneous as in much as the injuries which have been described by Dr. Pradeep Mishra (PW-13) in Signature Not Verified Signed by: ANIL his statement reveals that both the injured persons have sustained nine injuries each on their body out of which one injury on the left elbow to Mahendra Kol and one injury on the nose of Veerbhan, which have been found to be grievous in nature as there was fracture. Other injuries are simple in nature as per the statement of Dr.Pradeep Mishra (PW-13). The injury on the left elbow of injured Mahendra Kol was found to be grievous in nature as per the statement of Dr. Pushpendra Shukla (PW-3). Therefore, the offence against present appellants is proved to be of Section 326 of IPC . There is no opinion of any doctor on record that the injuries were dangerous to life. As per the story of prosecution, the Marpeet was caused by means of axe, but except one injury to the each victim other injuries were found to be simple in nature. The learned trial Court assuming the statement of Veerbhan (PW-2) as true that his vision of right eye has been lost permanently but there is no medical expert's opinion is on record in respect of that. Moreover, the eyeball was seriously injured has not been opined by any doctor, therefore, in this respect the conclusion of the trial Court is erroneous. Maximum the offence proved from the available record is under Section 326 of IPC .

3. It is also submitted by the learned counsel appearing for the present appellants that present appellants are in actual custody for more than two years. Appellant Suryabali Kol has suffered custody of 2 years, 4 months and 7 days and appellant Ramchandra Kol has suffered custody of 2 years, 5 months and 5 days as on 12.08.2025. Keeping in view the actual custody and offence of Section 326 of IPC , the punishment may be reduced to the period already undergone by present appellants. Therefore, the learned counsel for Signature Not Verified Signed by: ANIL the appellants prays for alteration of conviction from Section 307 and 307/34 of IPC into Sections 326 and 326/34 of IPC and to reduce the sentence of present appellants to the period already undergone by them in custody. 4. The learned counsel for the State has opposed the prayer on the ground that learned trial Court has rightly found proved the offence under Sections 307 and 307/34 of the IPC against the present appellants and they have rightly been sentenced of imprisonment. There is no ground for reduction of sentence as well as to convert the conviction.

5. Having heard the learned counsels for the parties and on perusal of record, it is found that Dr. Pradeep Mishra (PW-13) has explained in his statement about the injuries sustained by injured Mahendra Kol and Veerbhan.