IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

th

ON THE 13 OF JANUARY, 2026

CRIMINAL APPEAL No. 2281 of 2013

VINDRAVAN AHIRWAR AND OTHERS

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Mr. Arvind Soni - Advocate for appellants.

Ms. Vineeta Sharma - Public Prosecutor for respondent/State.

ORDER the complainant’s field and caused damage to his crops. When the complainant chased the cattle away and raised an objection before appellants Vindravan and Hariram, they both started abusing him in filthy language. Upon the complainant’s protest, appellant Vindravan assaulted him by striking with the handle of an axe on his right arm, causing bleeding and again struck him on the right side of his back. Appellant Hariram assaulted the complainant with a stick, causing injuries on his left shoulder and on the back of his left leg near the knee. On hearing the cries of the complainant, witnesses Kallu Lodhi, Nandlal and Chhakiya Baretha reached the spot and intervened.

With the consent of learned counsel for the parties, the appeal is heard

finally.

This appeal has been filed by the appellants under Section 374 (2) of

Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 03.09.2013 passed by the Fourth Additional Sessions Judge, Tikamgarh, District Tikamgarh (M.P.) in Session Trial No.251/2010 whereby the appellant/Vindravan has been convicted under Section 325 of IPC and sentenced to undergo R.I. for one year and to pay fine of Rs.1,000/- and appellant/Hariram has been convicted under Section 325/34 of IPC and sentenced to suffer R.I. for one year and to pay fine of Rs.1,000/-, with

default stipulations.

2. In brief, the prosecution case is that on 18.08.2010 at about 07:30 AM, the complainant Deendayal was present near his well situated at Kukra ki Paur, Banpura. At that time, cattle belonging to appellant Vindravan entered

3. On the basis of the oral report lodged by the complainant Deendayal at Police Station Khargapur, a non-cognizable report (NCR No. 374/10) was registered under Section 155 of the Code of Criminal Procedure. The injured was referred for medical examination to CHC Khargapur vide Memo No. PP-11. After receipt of the medical examination report (Exhibit P-01), FIR No.156/10 was registered at Police Station Khargapur for offences punishable under Sections 324 and 323 read with Section 34 of the Indian Penal Code. During the course of investigation, the spot map (Exhibit P-06) was prepared and statements of witnesses Nandlal, Chhakiya, Ballu, and injured Deendayal were recorded. Upon the presentation of accused Vindravan, an iron axe was seized and seizure memo (Exhibit P-07) was prepared. Both accused Vindravan and Hariram were arrested vide arrest memos (Exhibits P-08 and P-09). Subsequently, upon receipt of the X-ray report of the injured, Section 326 of the Indian Penal Code was added against the accused.

4. After the completion of the investigation, charge sheet under Sections 323, 324, and 326 read with Section 34 of the Indian Penal Code was filed in the Court of the Judicial Magistrate First Class, Tikamgarh. Since the said case was triable by the Sessions Court, the same was committed to the Court of Sessions at Tikamgarh and from where it was received by the trial Court for trial.

5. The learned trial Judge on going through the evidence available in the charge sheet framed charges against the appellants for the offences punishable under Sections 325 and 325/34 of IPC, which they denied and requested for the trial.

6. In order to bring home the charges, the prosecution examined as many as 09 witnesses, which are Dr. R.S. Rana (PW-1), Dendayal Jatat (PW-2), Kallu Lodhi (PW-3), Chhakki Rajak (PW-4), Ramkishan Ahirwar (PW-5), Nandlal (PW-6), Rajdhar Lodhi (PW-7), Bhagwadas Sen (PW-8) and T.R. Choudhary (P.W.9) and placed Ex.P/1 to P/12 the documents on record. In defence the appellants have examined defence witness namely, Tulsi Ahirwar (DW-1) and exhibited docum