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

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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 Gaja