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2025 Supreme(Online)(MP) 11199

HIGH COURT OF MADHYA PRADESH
Radda @ Raghunath Choudhary – Appellant
Versus
The State Of Madhya Pradesh – Respondent
CRA 1935/2005



Advocates:
Mr.Patel,Sk.Mishra,A.Pandey,R.Nema,Advocate General,Ag.

##PAGE1##

NEUTRAL CITATION NO. 2025:MPHC-JBP:70257

1 CRA-610-2005

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH

ON THE 19th OF DECEMBER, 2025

CRIMINAL APPEAL No. 610 of 2005

YASWANT SINGH

Versus

THE STATE OF M.P.

Appearance:

Shri Sampooran Tiwari - Advocate for the appellant.

Ms. Pushpanjali Dwivedi - Advocate for the State of M.P.

WITH

CRIMINAL APPEAL No. 1935 of 2005

RADDA @ RAGHUNATH CHOUDHARY

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Ankit Vishwakarma - Advocate for the appellant.

Ms. Pushpanjali Dwivedi - Advocate for the State of M.P.

JUDGMENT

Cr.A. No.610 of 2005 was admitted for final hearing on 8.4.2005

and Cr.A. No.2935 of 2005 is admitted today for final hearing.

With the consent of learned counsel for the parties both the

appeals are heard finally.

2. Cr.A. No.610 of 2005 is filed being aggrieved of the judgment

dated 7.3.2005 passed in S.T. No.424 of 2003 whereby the appellant -

Yaswant Singh has been convicted and sentenced to undergo R.I. for

Signature Not Verified

Signed by: 37a54170-d81d-

4133-9abf-4d76b62a4b17

Signing time: 23-12-2025

11:33:47

##PAGE2##

NEUTRAL CITATION NO. 2025:MPHC-JBP:70257

2 CRA-610-2005

seven years and fine of Rs.5000/ with default stipulation under Section

307 of IPC.

3. Cr.A. No.1935 of 2005 is filed being aggrieved of the

judgment dated 7.3.2005 passed in S.T. No.430 of 2002 whereby the

appellant - Radda @ Raghunath Choudhary has been convicted and

sentenced to undergo R.I. for ten years and fine of Rs.100/ with default

stipulation under Section 307 of IPC.

4. In Cr.A. No.610 of 2005 compromise statements have been

recorded on 14.10.2005 by the appellant - Yaswant Singh and Radda @

Raghunath Choudhary wherein the Registrar J-II has opined that the

compromise is voluntarily. Both Yashwant Singh and Radda @

Raghunath Choudhary have submitted their identity proofs in Cr.A.

No.1935 of 2005. No separate statements have been recorded in Cr.A.

No.610 of 2005. As per Registrar J-II compromise statements have

been recorded only with regard to S.T. No.424 of 2003 whereby the

appellant - Yaswant Singh has been convicted and sentenced to

undergo R.I. for seven years and fine of Rs.5000/ with default

stipulation under Section 307 of IPC.

5. It is also noted that in S.T. No.424 of 2003, vide judgement

dated 7.3.2005, learned Special Judge in Para-21 of his judgment has

held that no charges are found proved against accused - Yaswant Singh

except to make effort to murder the victim-Radda and has convicted as

stated above. In S.T. No.424 of 2003 the injured was Radda @

Signature Not Verified

Signed by: 37a54170-d81d-

4133-9abf-4d76b62a4b17

Signing time: 23-12-2025

11:33:47

##PAGE3##

NEUTRAL CITATION NO. 2025:MPHC-JBP:70257

3 CRA-610-2005

Raghunath Choudhary and regarding his family members namely

Bhuri Bai and Mamta Bai. Charges were framed under Section 148,

307/149, 323/149 and under Section 3 (1) (x) of S.C./ST (Prevention of

Atrocities) Act. Additional charge of Section 307 of IPC and Section 25

(1-b) and Section 27 of Arms Act were also framed against the

appellant - Yaswant Singh additionally.

6. Learned trial court has acquitted all the accused from the

charge under Section 148, 307/149, 323/149 of IPC and from Section

3 (1) (x) of S.C./ST (Prevention of Atrocities) Act. Accused - Yaswant

Singh has been acquitted from the charge of Section 25 (1-b) and

Section 27 of Arms Act in para-23 of the judgment.

7. Therefore the compromise statements of Radda @ Raghunath

Choudhary have been recorded.

8. In para 22 of the judgment in S.T.No.424 of 2003 the accused -

appellant-Yaswant Singh has been convicted for the charge of Section

307 of IPC for making efforts to murder Radda @ Raghunath

Choudhary.

9. In S.T. No.430 of 2002 three persons were subjected to trial.

As per Para-26 of the judgment the accused - Tejilal and Ramkumar

have been acquitted from the charge of Section 148, 307/149 of IPC.

The accused- appellant - Radda @ Raghunath Choudhary has been

acquitted from the charge of Section 25 (1-b) and Section 27 of the

Arms

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