IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK AGARWAL

&

HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN

th

ON THE 8 OF JANUARY, 2026

CRIMINAL APPEAL No. 917 of 2017

RAJESH PAL AND OTHERS

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Prabhakar Singh - Advocate for the appellants.

Shri B K Upadhyay - Public Prosecutor for the respondent-State.

ORDER constitutes imprisonment for whole life till death, but if life imprisonment is computed in terms of the circulars of the State/Central Government, then sentence for offence under Section 323/34 of IPC shall commence after completion of life imprisonment.

Per: Justice Vivek Agarwal

This criminal appeal under Section 374(2) of the Code of Criminal

Procedure, 1973 is filed by the convicted appellants Rajesh Pal and Khiladi @ Ramkhelawan Pal being aggrieved of the judgment dated 13.01.2017 passed by the learned Third Additional Sessions Judge, Sidhi (M.P.) in S.T. No.118/2015 (State of Madhya Pradesh Vs. Rajesh Pal and another), whereby the learned trial Court convicted the appellants for offence under Section 302/34 of Indian Penal Code, 1860, and sentenced each of them to undergo life imprisonment with fine Rs.100/-. The learned trial Court also convicted the appellants under Section 323/34 of the Indian Penal Code, 1860 (7 counts) and sentenced each of them to undergo R.I. for 1 year on each count. The learned trial Court further noted that life imprisonment

2. Shri Prabhakar Singh, learned counsel for the appellants submits that the prosecution case in short is that on 09.06.2015 at about 4:20 p.m., complainant Bhagwandeen Pal S/o Chhutai Pal, resident of village Chilrikala, Thana Kamarji, District Sidhi, had given report to the effect that he is working as a labourer. On 09.06.2015, at about 2:00 p.m., on the issue of ferrying stones, his brother Veerbhan Pal and nephew Rakesh Pal were beaten by Rajesh Pal and Khiladi Pal. The accused persons also abused them and had threatened with dire consequences. When accused were asked not to abuse, then they had beaten Veerbhan and Rakesh Pal with lathis, causing injuries. In the process, Veerbhan succumbed to the injuries on 10.06.2015. On the basis of such report, case crime No.92/15 under Section 294, 323, 506/34 of IPC was registered. As during investigation, MLC report was received from the District hospital, Sidhi, in regard to the injuries sustained by Veerbhan Pal to be dangerous to life, therefore, offence under Section 307 of IPC was added. It has also come on record that during treatment, Veerbhan died at S.G.M.S. Hospital, Rewa, whereupon Merg No.29/15 was registered under Section 174 of the Cr.P.C. and Section 302 of the IPC was added. Upon investigation, charges were found to be proved, therefore, charge-sheet was filed before the competent Magistrate under Sections 302, 307, 294, 324, 506/34 of IPC. Matter was committed to the Sessions Court on 03.08.2015 and, thereafter, sessions trial was conducted. Charges were framed. The accused-appellants abjured their guilt, therefore, the sessions trial was conducted and the appellants have been convicted and sentenced as above.

3. Shri Prabhakar Singh, learned counsel for the appellants submits that the genesis of the incident is on account of a dispute arising out of lifting of stones, which were collected by the rival parties. It is an admitted fact that the accused and injured are members of the same family and are residents of the same village and are known to each other. It is also an admitted fact that counter FIRs were registered. Sessions Trial No.57/2016 was registered in the same Court against Rakesh Pal as a counter case and it was decided along with this case itself.

4. It is submitted that since the incident took place at the spur of the moment, therefore, in the light of the judgment of Supreme Court in Shahajan Ali and others Vs. State of Maharashtra etc., (2017) 13 SCC 481 , since it is a case of sudden altercation, the conviction was altered fr