IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

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ON THE 15 OF OCTOBER, 2025 CRIMINAL APPEAL No. 13529 of 2024 AMAN Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Subodh Kathar - Advocate for the appellant.

Shri Rakesh Singh - Panel Lawyer for respondent.

Shri Amritanshu Tiwari - Advocate for the complainant.

JUDGMENT With consent, arguments are heard finally.

This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973, assailing the judgment of conviction and order of sentence dated 19.09.2024 passed by the learned Additional Sessions Judge, Khandwa (MP) in Sessions Trial No.193/2021 (State of MP Vs. Aman). By the said judgment, the learned trial Court found the appellant guilty for the offence punishable under Sections 307 of IPC and sentenced him to undergo Ten years rigorous imprisonment with fine of Rs.10,000/- with default stipulations.

2. As per prosecution story, during Navratri Celebration on

11.10.2021 at about 11.45 P.M. the appellant in drunk condition started yelling and fighting. When complainant tried to stop him, he suddenly caused injury to the complainant in left side of abdomen. FIR was lodged. After completion of investigation, charge-sheet has been filed before the competent Court. Charges under Section 307 of IPC were framed against the appellant/accused. Accused/appellant has refuted the charge and claimed to be tried. Statements of the witnesses were recorded.

3. After recording the statements of prosecution witnesses and appreciating the evidence led by the parties, learned Trial Court found the appellant guilty for commission of offence punishable under Sections 307of IPC and sentenced him as mentioned preceding paragraph No.1. Being aggrieved with the impugned judgment, the appellant has preferred this criminal appeal before this Court.

4. Pursuant to order dated 15.09.2025 passed by this Court, Registrar (J-II) of this Court recorded the statements of complainant/injured on 17.09.2025 and verified the correctness and genuineness of the compromise. As per the report, parties have amicably settled their dispute and have arrived at compromise on their own free will & volition and without any threat, inducement or coercion to settle the dispute and the compromise is voluntarily.

5. On the basis of the verification report dated 17.09.2025 furnished by Registrar (Judicial-II), this Court is satisfied that the parties have arrived at a compromise on their free-will and volition. However, the appellant was convicted and sentenced for the offence punishable under Section 307of IPC, which is not compoundable.

6. At the very outset, learned counsel for the appellant submits that he does not want to challenge the conviction of the appellant recorded under Sections 307 of IPC but has prayed for reduction of jail sentence. It is submitted that the incident had taken place in the year 2021 i.e. almost 04 years ago. It is further submitted that appellant was in jail from 13.10.2021 to 13.06.2023 (total 01 year and 08 months & from 19.09.2024 till date (total 01 year 25 days) during trial and after post conviction, in this case so far. It is further submitted that compromise has already been entered between the parties and parties have amicably settled their dispute. Learned counsel for the appellant submits that complainant/ injured though corroborated the story in chief examination but in cross examination has not supported the prosecution story. Complainant has not been declared hostile by the prosecution in cross examination therefore, his version is binding on the prosecution. Therefore, it is prayed that appellant's jail sentence may be reduced/modified to the extent of period already undergone by him as no fruitful purpose would get served by sending him behind the bars again.

7. Learned counsel for the State has supported the findings recorded by the Trial Court and has submitted that after appreciating the evidence produced