IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

th

ON THE 14 OF JANUARY, 2026

CRIMINAL APPEAL No. 7325 of 2025 CHANGU @ SACHIN CHOUDHARY

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Brajesh Kumar Rajak - Advocate for appellant.

Shri Shivam Dubey - Panel Lawyer for State.

Shri Manish Kumar Dohaiya - Advocate for objector.

JUDGMENT his brother Shani Ahirwar @ Bata to Rampur for purchasing medicines. When they reached near Durga Temple, accused Changu Choudhary suddenly came and stopped their motorcycle. Upon inquiry by the accused, the complainant remained seated on the motorcycle while his brother Shani got down. Due to an old enmity and with an intention to kill, the accused stabbed Shani in the stomach with knife, hence, the blood started oozing from his stomach. On raising an alarm, people from the locality gathered at the spot, upon which the accused fled from the scene. The complainant tied a towel around his brother's stomach to stop the bleeding. Laxman Chaudhary and other witnesses also reached the spot. Thereafter, the complainant took his injured brother on the motorcycle to Bhandari Hospital and subsequently shifted him from outside Bhandari Hospital to the Medical College Hospital, Jabalpur, by ambulance, where the police recorded the statement of injured and complainant Vijay Choudhary. On the basis of Dehati Nalishi, FIR/Crime No.293 of 2021 for the offence under Section 307 of the IPC and Section 25 of the Arms Act was registered against the accused/appellant at Police Station Gorakhpur, Jabalpur.

This criminal appeal has been preferred under Section 415 of

Bharatiya Nagarik Suraksha Sanhita, 2023, assailing the judgment of conviction and order of sentence dated 25.07.2025 passed by the learned Fourth Additional Sessions Judge, Jabalpur (MP) in Sessions Trial No.446/2021 (State of MP Vs. Changu @ Sachin Choudhary). By the said judgment, the learned trial Court has convicted the appellant for the offences punishable under Section 307 of IPC and Section 25(1-B)(b) read with Section 4 of the Arms Act and sentenced him to undergo R.1. for seven years and fine of Rs.4,000/- and R.I. for one year and fine of Rs.1,000/-

respectively, with default stipulations.

2. Relevant facts, briefly stated are that the complainant resides in Chaudhary Mohalla and earns his livelihood by doing POP work. On 13.05.2021 at about 09:30 PM, he was going on his motorcycle along with

3. After completion of investigation, charge-sheet was filed in the competent Court against the accused for commission of offence under Section 307 of IPC and Section 25 of the Arms Act, which, on its turn, committed the case to the Court of Sessions and from where it was received by the trial Court for trial.

4. The learned trial Judge on going through the evidence available in the charge sheet framed charges against the accused/appellant for the offences punishable under Section 307 of IPC and Section 25(1-B)(b) read with Section 4 of the Arms Act. The accused abjured his guilt and claimed to be tried. He took the plea that he has been falsely implicated in the matter, but he did not choose to examine any witness in his defence.

5. In order to bring home the charges, the prosecution examined as many as 08 witnesses, which are Ankit Choudhary (PW-1), complainant Vijay Choudhary (PW-2), Dr. Ravi Prajapati (PW-3), Laxman Choudhary (PW-4), injured Shani @ Bata Ahirwar (PW-5), Dr. Satish Ahirwar (PW-6), Gaurav Patel (PW-7) and Sumit Mishra (PW-8), and placed Ex.P/1 to P/21 and Ex.D/1 the documents on record.

6. The learned Trial Court after appreciating and marshalling the evidence vide impugned judgment has convicted the appellant for the commission of offence punishable under Section 307 of IPC and Section 25(1-B)(b) read with Section 4 of the Arms Act and sentenced him to undergo R.I. for seven years and fine of Rs.4,000/- and R.I. for one year and fine of Rs.1,000/- respectively, with default stipulations.

7. Being dissatisfi