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

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ON THE 10 OF DECEMBER, 2025 CRIMINAL APPEAL No. 1125 of 2012 MADHU AND OTHERS Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Mohd. Amzad - Advocate for the appellants.

Shri Manish Mukhraiya - Panel Lawyer for the respondent/State.

ORDER This appeal has been filed by the appellants under Section 374 (2) of Cr.P.C. being aggrieved by the judgment of conviction and sentence dated 03.05.2012 passed by the learned Special Judge, Betul in Special Case No.22/2007 whereby the appellants have been convicted under Sections 323 of IPC and sentenced to undergo R.I. for three months and fine of Rs.2500/-

and R.I for one month with default stipulations each.

2. The prosecution story stated in brief is that on 24.10.2006 at about

9 PM complainant Kaluram Nihal who belongs to Scheduled Caste Category was taking dinner at home where Imla Bai and his wife were also present. During that time Vimla Bai informed that accused Bablu was beating his son Shambhu by using filthy and abusing languages. Complainant rushed towards accused’s home and resolved the issue. When they were coming back to their home, Meera said to Madhu that they used to throw waste material besides their home. On this Bablu and Chaitya who were standing besides them started attacking on the head and back of Kaluram with lathi. It was further stated that Chaitya had also attacked on the head of Meera. During the entire incident there were exchange of hot talks and Madhu, Nanu, Chaitya and Bablu were using the foulest and filthiest languages. It was further stated that the accused had threatened the family members of the complainant to kill them if they will lodge a complaint against them. Thereafter matter was reported to Police Station Amla on the next day and medical examination of victims had been done. Further spot map was also prepared.

3. After completion of investigation, charge sheet was submitted in the Court of Chief Judicial Magistrate, Betul who in its turn committed the case to the Court of Special Judge, Betul where the accused/appellants were tried.

4. Present appellants have abjured the guilt and claimed to be tried.

5. In order to prove its case, prosecution examined 10 witnesses viz Ganesh (PW-1), Prahlad (PW-2), Vimla Bai (PW-3), Sambhu (PW-4), complainant Kaluram (PW-5), Sanjeev (PW-6), Meerabai (PW-7) Rashi (PW-8), Dr. B.P. Chouriya (PW-9), Kanchan Kose (PW-10). In defence Kailash was examined as DW-1.

6. The learned trial court after conclusion of trial has found the appellants for guilty of offence 323 and sentenced them as aforesaid. Trial court acquitted the present appellants of charges under Section 294, 506 (II)

of IPC and 3 (10) of SC/ST PA Act.

7. It is pertinent to mention that during the pendency of appeal, appellant No.1- Madhu had been died and therefore, the appeal in respect of appellant No.1- Madhu becomes abated.

8. As far as appellants No. 2 to 4 are concerned, learned counsel for the appellant submits that he press the appeal only on the point of sentence and not on the merits. The incident is of the year 2006 and at that time the appellant No. 2, Chaitya was of 46 years and Nanhu was 46 years and Bablu was of 24 years of age. They are the first offenders. There are no other criminal antecedents against them. They remain cooperative during the trial. Only simply injuries by hard and blunt objects were caused by them. It is also submitted that appellants are facing agony of trial since 2006. It is prayed that jail sentence be set aside while amount may be enhanced appropriately.

9. Learned counsel for the State has supported the findings recorded by the Trial Court and has submitted that after appreciating the evidence produced by the prosecution, the Trial Court has rightly found the appellant guilty for the aforesaid offence and has prayed for dismissal of the appeal.

Court is at liberty to consider the matter on the point of sentence.

10. I have Heard