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

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ON THE 27 OF JANUARY, 2026 CRIMINAL APPEAL No. 85 of 2011 PAPPU AND OTHERS Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Sanjay Kushwaha - Advocate for the appellants.

Shri Manohar Meena - Panel Lawyer for the respondent/State.

JUDGMENT This appeal has been filed by the appellants, namely, Pappu, Bhajji @

Bhajju @ Sohan, Ram Prasad and Shivcharan under Section 374 (2) of Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 24.12.2010 passed by the VII Additional Sessions Judge (Fast Track Court), District Sagar (M.P.) in S.T. No.206/2010 whereby all the appellants have been convicted under Section 324/34 of IPC and sentenced to undergo R.I. for 03 years and fine of Rs.500/-; Section 325/34 of IPC and sentenced to undergo R.I. for 03 years and fine of Rs.500/-; Section 323/34 of IPC (two counts) and sentenced to undergo R.I. for 06 months and fine of Rs.300/- under each count, with default stipulations.

2. The prosecution case in brief is that Malli Yadav filed a First Information Report (Ex.P/8A) in Police Station Baraitha that he is a resident of village Jhadyola and works as an agricultural labourer and on 2/2/2010 at 10 am he was watering his crop, at the same time accused Pappu came to his field in a tractor, he told Pappu that there is loss of paddy, do not take out the tractor from the field and do not take out the tractor now, hearing this Pappu went home, on this matter the accused came and started abusing and Pappu started beating him with a stick, Bhajju hit him with an axe which cut the skin of his right hand and started bleeding, when he shouted, his sons Neeraj, Kallu and Achhelal came to him, then Bhajju hit Achhelal with an axe which cut his left hand and started bleeding, Shivcharan committed marpeet with Neeraj and Rampa beat Kallu with a stick. Bandu Yadav and Ganesh Raikwar were present at the spot who saw the incident and tried to intervene. While leaving, the accused said that you have escaped today, if you refuse to take out the tractor now, we will kill you. The report written by the complainant was registered as FIR under Ex.P.8A by Sub Inspector Sanjeev Kumar Chaukse. The accused were sent for medical examination. Assistant Sub Inspector Hariom Purohit prepared the spot map. The accused were arrested as per the arrest memo Ex.P.10 to P.13 and the sticks and axes used in the incident were recovered from their possession as per the seizure memo of Ex.P.14 to Ex.P.17. The prosecution witnesses were examined under Section 161 of Cr.P.C.

3. After completion of investigation, charge-sheet was filed in the competent court.

4. The learned trial Judge on going through the evidence available in the charge sheet framed charge against appellants for the offence punishable under Sections 294, 506 Part-II, 326/34, 325/34, 323/34 (two counts) of IPC, which they denied and claimed for the trial.

5. In order to bring home the charges, the prosecution examined as many as 11 witnesses, namely, Dr. Amit Asati (PW-1), Malli Yadav (PW-2), Achhelal (PW-3), Kallu (PW-4) Neeraj (PW-5), Rajdhar (PW-6), Ganesh (PW-7), Bandhu Yadav (PW-8), Hariom Purohit (PW-9), Munna Yadav (PW-10), Sanjeev Kumar Chaukse (PW-11) and placed Ex.P/1 to P/17 and Ex.D/1 to D/8 the documents on record.

6. The accused abjured their guilt and pleaded complete innocence. The defence of accused is of false implication. Accused Pappu has examined himself as DW-1 in his defence.

7. The learned trial Judge after appreciating and marshalling the evidence has acquitted the appellants for the offence under Section 294, 506 Part-II and 326/34 of IPC but has convicted them for the offence under Sections 324/34, 325/34 and 323/34 (two counts) of IPC. The learned Trial Court has sentenced the accused persons as mentioned in para 1 of this judgment. In this manner, the present appeal has been filed by appellants.

8 . During pendency of this appea