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NEUTRAL CITATION NO. 2026:MPHC-JBP:8139

1 CRA-4074-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

th

ON THE 29 OF JANUARY, 2026

CRIMINAL APPEAL No. 4074 of 2025

RAKESH YADUWANSHI

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Jagdish Prasad Singrol - Advocate for the appellant.

Shri Aditya Choubey - Government Advocate for the respondent/State.

JUDGMENT

With consent of the learned counsel for the parties, heard finally.

This criminal appeal under Section 415(2) of BNSS, 2023/374 (2) of

Cr.P.C. has been preferred against the judgment of conviction and order of

sentence dated 06.03.2025 in S.T. No.24 of 23 passed by learned Additional

Sessions Judge, Junnardeo, District Chhindwara (MP) whereby the appellant

has been convicted for offence under Sections 323 and 326 of IPC but in

the light of Section 71 of IPC, sentenced the accused to suffer R.I. for 05

years and to pay fine of Rs.10,000/- under Section 326 of IPC instead of

conviction under Section 323 and 326 of IPC.

2 . The prosecution story in short is that Devram Yaduvanshi (PW-7) on

23.07.2023 got a written complaint registered at Police Station Navegaon,

District-Chhindwara (M.P.) that on the said date at 0600 a.m. his brother

Gajanand Yaduvanshi (PW-4) had gone to village Navegaon to distribute

milk. At around 10.00 a.m. Ramnath Yaduvanshi came home and told him

Signature Not Verified

Signed by: DINESH VERMA

Signing time: 03-02-2026

10:19:23

NEUTRAL CITATION NO. 2026:MPHC-JBP:8139

2 CRA-4074-2025

that the accused had hit his brother Gajanand Yaduvanshi with a stick in

front of Ramesh Yaduvanshi's hotel located in village Navegaon, due to

which he suffered a head injury. On receiving the information, he reached

Ramesh Yaduvanshi's hotel located in village Navegaon and told him that at

around 7 a.m. his mother Gajanand had come to the hotel on a bicycle while

he was parking his bike. At the same time, the accused went with an iron

hammer in his hand and after abusing, he hit him on the head and threatened

to kill him. In the incident, Mukesh Saxena (PW-1)) and Ramesh

Yaduvanshi (PW-6) intervened. Due to the previous property/land dispute

between injured and the accused, the accused committed marpeet with the

injured. On the above basis, Sub-Inspector Mallu Kavade registered the case

as FIR No. 156/23 under Sections 294, 323, 324, 506 of IPC.

3 . After completion of the investigation, a charge-sheet was submitted in

the competent court, which, on its turn, committed the case to the court of

sessions from where it was made over to Additional Sessions Judge,

Junnardeo, District Chhindwara for trial.

4 . The learned Trial Judge on the basis of averments made against the

accused in the charge sheet framed charges punishable under Sections 294,

323, 326 and 506 (Par-II) of IPC. The accused abjured his guilt and claimed

to be tried. He took the plea that he has been falsely implicated in the

matter due to previous land dispute. However, he has not chosen to examine

any witness in his defence.

5. In order to bring home the charges, the prosecution examined as many

as 09 witnesses, which are Mukesh Saxena (PW-1), Anil Yaduvanshi (PW-

Signature Not Verified

Signed by: DINESH VERMA

Signing time: 03-02-2026

10:19:23

NEUTRAL CITATION NO. 2026:MPHC-JBP:8139

3 CRA-4074-2025

2), Dr Roma Moolchandani (PW-3), Gajanand Yaduvanshi (PW-4), Ajabrao

Nirapure (PW-5), Ramesh Yaduvanshi (PW-6), Devram Yaduvanshi (PW-

7), ASI Maan Singh Baghel (PW-8) and Jaikesh Sahu (PW-9) and placed

Ex.P/1 to P/16 and Ex.D/1 to Ex.D/5 the documents on record.

6. The learned Trial Court after appreciating and marshalling the evidence

vide impugned judgment has acquitted the appellant of the offence under

Section 294 and 506-II of IPC but convicted him under Section 323 and 326

of IPC. The learned Trial Court in the light of Section 71 of IPC, sentenced

the accused to suffer R.I. for 05 years and to pay fine of Rs.10,000/- under

Section 326 of IPC. Hence, this appeal.

7. It is submitted by learned coun