The State Of Madhya Pradesh vs Sunil on 10 March, 2026

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    Madhya Pradesh High Court

    The State Of Madhya Pradesh vs Sunil on 10 March, 2026

               NEUTRAL CITATION NO. 2026:MPHC-JBP:19123
    
    
    
    
                                                                       1                      CRA-2303-2026
                                   IN     THE       HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                             BEFORE
                                           HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                                         ON THE 10th OF MARCH, 2026
                                                     CRIMINAL APPEAL No. 2303 of 2026
                                                     THE STATE OF MADHYA PRADESH
                                                                 Versus
                                                           SUNIL AND OTHERS
                              Appearance:
                                   Shri Mukesh Shukla - P.P. for appellant/State.
    
                                                                           ORDER
    

    This appeal under Section 378(3) of the Cr.P.C. has been filed by the
    appellant/State assailing the judgment and order of acquittal dated
    23.12.2015 passed in Criminal Case No.2671/2010 by the learned JMFC
    Betul, District Betul (M.P.), whereby the respondents (hereinafter referred to
    as the ‘accused persons’), have been acquitted of the offence under Sections
    294
    , 323/34 (two counts), 323/34, 506 Part-II & 427/34 of IPC.

    2. The prosecution story, in brief, is that Jugan Dhurve, the complainant
    in the case, lives in village Kailapunji and works as a labourer and cowherd.

    SPONSORED

    On 07.11.2010, at about 12 noon, Jugan was at his home and was talking to
    Balori Bengali of Batkidoh, when Sunil, son of former Sarpanch Chhanna
    Kakodia, came and Balwant Subhash came with him and started saying that
    you have done witchcraft on Balwant’s sister Rajni. When the complainant
    claimed he hadn’t done anything, the three accused began abusing him and
    his mother and sister, asking, “You motherfucker, will you fix this?” and
    began beating him. Balram Nathu then arrived, abusing and assaulting the

    Signature Not Verified
    Signed by: ANIL
    CHOUDHARY
    Signing time: 3/12/2026
    7:26:23 PM
    NEUTRAL CITATION NO. 2026:MPHC-JBP:19123

    2 CRA-2303-2026

    complainant. Sunil and Balwant hit him with sticks and began dragging him.
    Meanwhile, the complainant’s son, Siyaram, and his brother-in-law, Dharmu,
    arrived. When they tried to intervene, they attacked them as well, breaking
    the tiles of the house and damaging it. They threatened to kill the
    complainant. The assault by the accused resulted in injuries to the
    complainant’s head, arms, legs, and body. A report regarding the incident was
    filed by the complainant at Chopna police station. On the complaint’s report,
    a case was registered against the accused under Sections 294, 323, 506 (Part-

    2), 427, 34 of the Indian Penal Code at Chopna police station and the matter
    was taken up for investigation. During the investigation, a spot map of the
    incident was prepared and statements of witnesses were recorded. After the

    complete investigation, as the accused were found to have committed the
    crime and to have caused injuries on the head of the injured Jugan, a charge
    sheet was presented in the court against the accused under Sections 294,
    323/34, 324/34, 427/34, 506 (Part-2) of the Indian Penal Code.

    3. After completing the investigation, the charge sheet was filed against
    the accused before the Court. Statement of the witnesses got recorded.
    Charges were framed; read out and explained to the accused, they denied
    committing the crime and sought a trial. During their examination under
    Section 313 of the Code of Criminal Procedure, the accused persons stated
    that they were innocent and had been falsely implicated in the case.

    4. In order to bring home the charges, the prosecution has examined as
    many as 09 witnesses, namely, Siyaram (PW-1), Rampyari (PW-2), Jugan
    (PW-3), Sanoti (PW-4), Dharamsingh (PW-5), K.S. Narvariya (PW-6),

    Signature Not Verified
    Signed by: ANIL
    CHOUDHARY
    Signing time: 3/12/2026
    7:26:23 PM
    NEUTRAL CITATION NO. 2026:MPHC-JBP:19123

    3 CRA-2303-2026
    Balhori Das (PW-7), Laxman Singh (PW-8) and Suraj (PW-9) and placed
    Ex.P/1 to P/11 and Ex.D/1 and D/2 the documents on record.

    5. The learned trial Court after recording of evidence of both the parties
    acquitted the accused from the charges levelled against him. Hence, this
    appeal.

    6. It is submitted by learned counsel for present appellant/State that the
    prosecution has adduced ample evidence against the accused in respect of the
    offence for which they had been charged but the learned trial Court by way
    of impugned judgment has erroneously acquitted the accused persons. Jugan
    Dhurve (PW-3) is the star witness who is also injured. Rampyari (PW-2) and
    Sanoti (PW-4) are the witnesses who have sustained injuries in the
    incidence. They categorically supported the prosecution’s case. Siyaram
    (PW-1) has also supported the story of prosecution. Though the concerned
    doctor who has issued the MLC in respect of victim persons has not been
    examined before the learned trial Court and despite that, at least, offence
    under Section 323 of IPC is established against the accused persons so also
    other offences under Sections 294 and 506 Part-II and 427 of IPC are also
    proved from the evidence on record. Therefore, he prayed to allow the
    appeal, set aside the acquittal and to convict the accused persons and
    sentence them in accordance with law.

    7. I have heard the learned counsel for the appellant/State and perused the
    record meticulously.

    8. The victim- Jugan (PW-3) though has stated that the accused persons

    were armed with lathi and started committing marpeet with him. They

    Signature Not Verified
    Signed by: ANIL
    CHOUDHARY
    Signing time: 3/12/2026
    7:26:23 PM
    NEUTRAL CITATION NO. 2026:MPHC-JBP:19123

    4 CRA-2303-2026
    uttered filthy abuses and given threat to kill him. Victim-Jugau (PW-3), his
    wife-Rampyari (PW-2) and daughter-Sanoti (PW-4) have sustained injuries.

    9. Siyaram (PW-1) is the son of victim/Jugan. Rampyari (PW-2) and
    Sanoti (PW-4) have supported the story of prosecution but the independent
    witnesses Dharamsingh (PW-5) and Balohari (PW-7) did not support the
    story of prosecution at all. They turned hostile. Therefore, the evidence of
    Jugan and his family members are on record. They cannot be disbelieved on
    the ground that no independent witnesses has supported their statements, but
    in absence of any independent support or corroboration, their testimonies are
    required to be scrutinized with circumspection.

    10. Jugan (PW-3), in his cross-examination has stated that after the
    incident he remained unconscious and after one and a half or two days, he
    became conscious and since he was unconscious, therefore, report has been
    lodged in the police station by his son Siyaram (PW-1). He remained
    admitted in the hospital for 12 days and after discharge from hospital, he
    visited the police station and signed the FIR Ex.P/3. He also categorically
    stated that what is stated by Siyaram (PW-1) in the FIR, he did no know. He
    has not given any statement to the police.

    11. Rampyari (PW-2) has also admitted in her cross-examination that her
    husband-Jugan fell unconscious after the incident and he became conscious
    for one and a half days. In light of the statement of the aforesaid witnesses,
    the veracity of FIR Ex.P/3 becomes suspicious.

    12. K.S. Narviariya (PW-6) has stated that at the instance of complainant-
    Jugan (PW-1), he has lodged the FIR Ex.P/3 but his statement is

    Signature Not Verified
    Signed by: ANIL
    CHOUDHARY
    Signing time: 3/12/2026
    7:26:23 PM
    NEUTRAL CITATION NO. 2026:MPHC-JBP:19123

    5 CRA-2303-2026
    contradictory to the statements of Rampyari (PW-2) and Jugan (PW-3).
    Therefore, the veracity of FIR Ex.P/3 renders suspicion.

    13. It is revealed from the statements of Siyaram (PW-1), Rampyari (PW-

    2), Jugan (PW-3), Sanoti (PW-4) that there was a dispute with the villagers
    of Jugan in respect of witchcraft. It is also revealed from the statement of
    these witnesses that since the victim-Jugan has stopped grazing of cattle of
    the villagers, therefore, a dispute arose between the villagers and Jugan. At
    the time of incident, 40-50 villagers reached at the house of Jugan and some
    of them have started committing marpeet with Jugan. Siyaram (PW-1) has
    stated that out of 40-50, who has committed marpeet with his father, he
    could not see and he also could not see that how the tiles (kavelu) of their
    house have been destroyed. It is pertinent to mention that in his chief-
    examination, this witness has stated that the accused persons have
    demolished their house while as per the story of prosecution, the loss was
    caused due to destruction of tiles (kavelu).

    14. Similar is the statement of Rampyari (PW-2) and Sanoti (PW-4).
    Even Jugan (PW-3) has admitted in his cross-examination that 40-50 persons
    have committed marpeet with him. He could not see that who has committed
    marpeet with him because he entered into the house. He in paragraph-5 has
    categorically stated that when 6-7 villagers reached to his house, he entered
    into the house and locked the door from inside. How many persons were
    present outside the door, he cannot say. After closing the door, he did not
    come out and what occurred outside, he had no knowledge. Though he has
    stated that 2 or 3 persons have broken the door and entered into his house,

    Signature Not Verified
    Signed by: ANIL
    CHOUDHARY
    Signing time: 3/12/2026
    7:26:23 PM
    NEUTRAL CITATION NO. 2026:MPHC-JBP:19123

    6 CRA-2303-2026
    but he has not named that persons. That apart, this is not the story of
    prosecution.

    15. Having regard to the various contradictions, omissions and
    contradictions revealed from the statements of the witnesses, namely,
    Siyaram (PW-1), Rampyari (PW-2), Jugan (PW-3), Sanoti (PW-4), their
    statements in respect of prosecution story become highly doubtful.
    Contradictions, omissions and variations also revealed qua the police
    statements and FIR, which is reflected from paragraphs-4, 5, and 6 of the
    statement of Siyaram (PW-1), paragraph-6 of Jugan (PW-3) and paragraph-4
    of Sanoti (PW-4), in regard to which, no plausible explanation has been
    given.

    16. As far as the seizure from the other accused persons is concerned,
    both the witnesses, namely, Laxman (PW-8) and Suraj (PW-9), did not
    support the arrest and seizure from the accused persons. They turned hostile.

    17. The Investigating Officer of the case has not been examined in this
    case. Therefore, such seizure has also not been found to be proved. No
    medical officer has been examined to corroborated the MLC or other
    medical evidence, therefore, those evidence are also not found to be proved.

    18. The learned trial Court on proper appreciation of the evidence on
    record has rightly given finding of acquittal of the accused/respondent. The

    prosecution has failed to establish its case with cogent and reliable evidence
    beyond reasonable doubt. The accused/respondent in light of aforesaid
    discussions is certainly entitled to get the benefit of doubt in this case.

    Signature Not Verified
    Signed by: ANIL
    CHOUDHARY
    Signing time: 3/12/2026
    7:26:23 PM

    NEUTRAL CITATION NO. 2026:MPHC-JBP:19123

    7 CRA-2303-2026

    19. In the case of State of Gujarat v. Jayrajbhai Punjabhai Varu, (2016) 14
    SCC 151 the Hon’ble Apex Court has held that prosecution has to prove the
    guilt of the accused beyond all reasonable doubt. It is also the rule of justice
    in criminal law that if two views are possible on the evidence adduced in the
    case, one pointing to the guilt of the accused and the other towards his
    innocence, the view which is favourable to the accused should be adopted.
    In
    case of Nikhil Chandra Mondal v. State of W.B., (2023) 6 SCC 605 Hon’ble
    Apex Court has observed that it is a settled principle of law that however
    strong a suspicion may be, it cannot take place of a proof beyond reasonable
    doubt. Unless finding of the trial Court is found to be perverse or
    illegal/impossible, it is not permissible for the appellate Court to interfere
    with the same.

    20. Recently in case of Mallappa & others v. State of Karnataka, (2024) 3
    SCC 544, the Hon’ble Apex Court has again summarized the principles while
    deciding the appeal against acquittal which are as follows :-

    “42. Our criminal jurisprudence is essentially based on the
    promise that no innocent shall be condemned as guilty. All the
    safeguards and the jurisprudential values of criminal law, are
    intended to prevent any failure of justice. The principles which
    come into play while deciding an appeal from acquittal could be
    summarised as :

    (i) Appreciation of evidence is the core element of a criminal trial
    and such appreciation must be comprehensive — inclusive of all
    evidence, oral or documentary;

    (ii) Partial or selective appreciation of evidence may result in a
    miscarriage of justice and is in itself a ground of challenge;

    (iii) If the court, after appreciation of evidence, finds that two
    views are possible, the one in favour of the accused shall
    ordinarily be followed;

    (iv) If the view of the trial court is a legally plausible view, mere
    possibility of a contrary view shall not justify the reversal of
    acquittal;

    Signature Not Verified
    Signed by: ANIL
    CHOUDHARY
    Signing time: 3/12/2026
    7:26:23 PM

    NEUTRAL CITATION NO. 2026:MPHC-JBP:19123

    8 CRA-2303-2026

    (v) If the appellate court is inclined to reverse the acquittal in
    appeal on a reappreciation of evidence, it must specifically address
    all the reasons given by the trial court for acquittal and must cover
    all the facts;

    (vi) In a case of reversal from acquittal to conviction, the appellate
    court must demonstrate an illegality, perversity or error of law or
    fact in the decision of the trial court.”…

    21. Ex consequenti , in the light of the aforesaid discussion and the ratio of
    law laid down by Hon’ble Apex Court in aforesaid cases, on careful analysis
    of the evidence, the observations made by the learned trial Court in the
    impugned judgment are not found to be faulty. The learned trial Court on
    proper appreciation of evidence available on record has rightly acquitted the
    accused/respondent. There is no ground for interference with the findings of
    the trial Court.

    22. Therefore, while affirming the findings of acquittal of present
    accused/respondent by trial Court, the appeal being sans merit, is hereby
    dismissed.

    (RAJENDRA KUMAR VANI)
    JUDGE

    mrs. mishra & ac/-

    Signature Not Verified
    Signed by: ANIL
    CHOUDHARY
    Signing time: 3/12/2026
    7:26:23 PM



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