IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

th

ON THE 8 OF JANUARY, 2026

CRIMINAL APPEAL No. 643 of 2023

NIKKY RAJAK AND OTHERS

Versus

THE STATE OF MADHYA PRADESH

Appearance:

None for the appellants.

Shri Manish Mukhriya - Panel Lawyer for respondent.

J U D G M E N T began abusing him due to an old rivalry. Nikki stabbed Aman in the stomach with a knife, then Aman fled. At that time, other accused, Nandu and Monu, also stabbed him, causing multiple injuries and bleeding. When Faheem (PW-2) came to Aman's rescue, the accused committed marpeet with him by kicks and fists. When Aslam (PW-3) arrived at the scene, the accused fled. Faheem and others then took the injured Aman to Bhandari Hospital. On receiving information from the hospital, ASI Rajesh Ahirwar (PW-10) wrote a letter (Ex. P 21) to the doctor of Bhandari Hospital seeking information about the injuries of the injured, after which a Dehati Nalishi (Ex.P/1) was written in the hospital itself. After investigation, a First Information Report (FIR) was registered against the accused persons in Gorakhpur police station at Crime No.384/2021 and taken up for investigation. During investigation, statements of witnesses were recorded, spot map (Ex.P-2) was prepared, memorandum (Ex.P-5) of accused Nikki Rajak was prepared and a knife was seized from him as per seizure memo (Ex. P-6) and he was arrested as per Ex.P-7.

Since none has appeared for the appellants, Shri Rajiv K. Pandey, Advocate

is appointed as amicus curiae to assist this Court on behalf of the appellants.

This criminal appeal has been preferred under Section 374(2) of the

Code of Criminal Procedure by the appellants being aggrieved by the judgment dated 15.12.2022 passed by the learned Fourth Additional Sessions Judge, District Jabalpur in Sessions Trial No.487/2021 whereby the appellants have been convicted under Section 323 and 307 of IPC and sentenced to undergo rigorous imprisonment for six months and fine of Rs.100/- and rigorous imprisonment for seven years and fine of Rs.1000/-

respectively with default stipulations.

2. According to the prosecution's version, on June 30, 2021, at approximately 8:30 p.m., when complainant Aman Ali was returning home from work with Faheem, then accused Nikki, Monu, and Nandu arrived on a motorcycle on TV Tower Road, just ahead of Kapoor Crossing signal, and

3 . After completion of the investigation, a charge-sheet was filed before the learned Judicial Magistrate First Class, Jabalpur and subsequently, the case was committed to the Court of Sessions. The learned trial Court framed charges under Sections 307 and 323 of IPC against the accused/appellants. The accused persons abjured their guilt and claimed to be tried. They took the plea that they have been falsely implicated in the matter. In defence, they have examined Akash Kaithwas (DW-1) Siddharth Pandav (DW-2).

4. In order to bring home the charges, the prosecution examined as many as 11 witnesses, namely, Aman Ali (PW-1), Faheem Khan (PW-2), Aslam @ Islamuddin (PW-3), Yasmin Ali (PW-4), Mehfooz Ali (PW-5), Deepak Choudhary (PW-6), Annu @ Anoop Shrivastava (PW-7), Dr. Harish Lodhi (PW-8), Dr. Satendra Singh (PW-9), A.S.I. Rajesh Ahirwar (PW-10) and S.I. Brijbhan Singh (PW-11) and placed Ex.P-1 to Ex.P/24 and Ex.D-1 the documents on record.

5. The learned trial Court after appreciating and marshalling the evidence vide impugned judgment has convicted the appellants under Sections 307 and 323 of IPC and sentenced them as mentioned in para of this judgment.

6. The appellants being dissatisfied with the impugned judgment filed this instant appeal on various grounds.

7. Before this Court, two applications have been filed by the counsel for the parties i.e. I.A. No.25220/2023 under Sections 320(2) of Cr.P.C. for compounding of offence and I.A. No.25221/2023 under Section 320(1) of Cr.P.C. for compromise duly sup-ported by the affidavits of complainant Aman Ali and injured Fahim Khan. Pursuance to order