IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

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ON THE 14 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 5478 of 2012 THE STATE OF MADHYA PRADESH Versus MAHESH AND OTHERS Appearance:

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

Mr. Sanjay Kumar Kushwaha - Advocate for respondents.

ORDER The matter is finally heard.

2. This MCRC has been filed by the applicant/State under Section 374 (2) of Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 18.02.2012 passed by the Special Judge (Atrocities) Seoni, District Seoni (M.P.) in Special Case No.30/2010 whereby the respondents/accused persons namely, Mahesh, Mahendra and Parasram have been acquitted from the charges under Sections 147, 294, 323 r/w 149, 325 r/w 149, 427, 452 and 506 of IPC and Sections 3(1)(x) of the SC/ST (POA) Act, and the accused namely, Hitendra, Kamal, Sitaram and Paikram have been acquitted from the charges under Sections 147, 325 r/w 149, 427 and

506 of IPC and Section 3(1)(x) of SC/ST (POA) Act.

3. The prosecution story stated in brief is that on 01.03.2010 at about 3 p.m., when the informant Smt. Kantabai (PW-1) along with Alok (PW-3) and Aditya (PW-6) were celebrating Holi festival, at that time, the accused persons came over there and abused the complainants and stated that "Maro Mehro Ko, Salo Ne Vote Nahi Diye Hai". It is further alleged by the prosecution that accused entered into the house of complainant and assaulted the complainant party. On the basis of aforesaid information, offences punishable under Sections 147, 294, 323/149, 325/149, 427, 452, 506 of I.P.C. and Sec.3(1)(x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been registered against accused persons vide Crime No.53/2010 with P.S. Barghat, District Seoni (M.P.).

4. After the completion of the investigation, the chargesheet has been filed before Judicial Magistrate First Class, District Seoni (M.P.) who committed the matter to the court of learned Special Judge (Atrocities), District Seoni (M.P.) for trial.

5. The learned trial Judge on going through the evidence available in the chargesheet framed charges against the accused persons under Sections 147, 294, 323/149, 325/149, 427, 452, 506 Part-II of I.P.C. and Section 3(1)(x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused persons abjured their guilt and pleaded to be tried and further stated that they are innocent and have been falsely implicated.

6. In order to bring home the charges, the prosecution examined as many as 12 witnesses, which are Smt. Kanta Bai (PW-1), Swati Gadhpal (PW-2), Alok (PW-3), Dr. N.K. Gajbhiye (PW-4), Smt. Anita Gautam (PW-5), Aditya Dongre (PW-6), Jayaswal (PW-7), Shivnath (PW-8), Jaylal (PW-9), Head Constable Ramkumar (PW-10), Rakesh Chourasiya (PW-11) and Dr. K.C. Meshram (PW-12) and placed Ex.P/1 to P/20 the documents whereas in defence, the accused persons have examined Prem Singh Kumre (DW-1) as defence witness and exhibited Ex.D/1 to D/3 the documents on record.

7. The learned trial Court after recording of evidence of both the parties acquitted the present respondents/accused persons from the charges as mentioned in paragraph-1 of this judgment. Hence, this MCRC.

8. It is submitted by learned counsel for present appellant/State that the learned trial Court has erroneously acquitted the present accused/respondents while ample evidence was on record against them in respect of the offences alleged. It is further submitted that the FIR has been lodged by Kanta Bai (PW-1), Alok (PW-3) and Aditya (PW-6). Moreover, Swati (PW-2) and Jayaswal (PW-7) have supported the story of prosecution. Minor variations in their statement does not render their statement doubtful. They have categorically stated about the incident which establishes the offence against the accused persons as alleged against them. It is also submitted that learned trial Court has erroneously ac