Madhya Pradesh High Court
Ramsajeevan Gupta vs The State Of Madhya Pradesh on 16 March, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2026:MPHC-JBP:25209
1 CRA-12657-2025
IN THE HIGH COURT OF MADHYA
PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 16th OF MARCH, 2026
CRIMINAL APPEAL No. 12657 of 2025
RAMSAJEEVAN GUPTA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Siddharth Datt, learned counsel for the appellants.
Shri Manas Mani Verma, learned Public Prosecutor for the State.
WITH
CRIMINAL APPEAL No. 364 of 2026
INDRAJEET GUPTA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Pushpraj Singh Gaharwar, learned counsel for the appellants.
Shri Manas Mani Verma, learned Public Prosecutor for the State.
JUDGMENT
Per: Justice Vivek Agarwal Learned counsel for the parties prays for withdrawal of I.A. No.31258/2025, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants, namely, Rmasajeevan Gupta, Jagjeevan Gupta, Rakesh Kumar Gupta, Harihar Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 01-04-2026 17:40:21 NEUTRAL CITATION NO. 2026:MPHC-JBP:25209 2 CRA-12657-2025 Prasad Gupta and I.A. No.649/2026, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants, namely, Indrajeet Gupta, Rahul Gupta, Anil Kumar Gupta and Terasiya @ Nachani Gupta.
2. Accordingly, I.A. No.31258/2025 and I.A. No.649/2026 are dismissed as withdrawn.
3. With the consent of learned counsel for the parties, both these appeals are heard finally.
4. These two appeals have been filed being aggrieved of separate judgments dated 29.12.2025 passed by learned 3rd Additional Sessions Judge, Deosar, District Singrauli.
5. In Cr.A No.12657/2025 appellants are aggrieved of the judgment dated 29.12.2025 passed by learned 3rd Additional Sessions Judge, Deosar, District Singrauli in ST No.100/2022 whereby accused persons, namely, Rmasajeevan Gupta, Jagjeevan Gupta, Rakesh Kumar Gupta, Harihar Prasad Gupta have been convicted under Section 325/34 of IPC with 4 years Rigorous Imprisonment and fine of Rs.2,000/- each with default stipulation of 2 months additional Rigorous Imprisonment.
6. Whereas in the counter case Cr.A. No.364/2026, appellants are aggrieved of judgment dated 29.12.2025 passed by learned 3 Additional Sessions Judge, Deosar, District Singrauli in ST No.105/2021 whereby accused persons, namely, Indrajeet Gupta, Rahul Gupta, Anil Kumar Gupta and Terasiya @ Nachani Gupta have been Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 01-04-2026 17:40:21 NEUTRAL CITATION NO. 2026:MPHC-JBP:25209 3 CRA-12657-2025 convicted and sentenced as under :-
Accused/Appellant No.1 Indrajeet Gupta.
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
Life
Additional
Imprisonment
302/34 I.P.C. Rs.5,000/- R.I for 6
(for deceased
months.
Chhotelal)
R.I. for 1
years (for Additional
323 (two injured Rs.1,000/- for R.I. for 1
I.P.C.
counts/34) Mankumari each injured month for
and each count
Ramsajeevan
Accused/Appellant No.2 Rahul Gupta.
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
LIfe
Additional
Imprisonment
302/34 I.P.C. Rs.5,000/- R.I for 6
(for deceased
months.
Chhotelal)
R.I. for 1
years (for Additional
323 (two injured Rs.1,000/- for R.I. for 1
I.P.C.
counts)/34 Mankumari each injured month for
and each count
Ramsajeevan
Accused/Appellant No.3 Anil Kumar Gupta.
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
LIfe
Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 01-04-2026
17:40:21
NEUTRAL CITATION NO. 2026:MPHC-JBP:25209
4 CRA-12657-2025 LIfe Additional Imprisonment 302/34 I.P.C. Rs.5,000/- R.I for 6 (for deceased months.
Chhotelal)
R.I. for 1
years (for Additional
323 (two injured Rs.1,000/- for R.I. for 1
I.P.C.
counts/34) Mankumari each injured month for
and each count
Ramsajeevan
Accused/Appellant No.4 Terasiya @ Nachani Gupta.
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
LIfe
Additional
Imprisonment
302/34 I.P.C. Rs.5,000/- R.I for 6
(for deceased
months.
Chhotelal)
R.I. for 1
years (for Additional
323 (two injured Rs.1,000/- for R.I. for 1
I.P.C.
counts/34) Mankumari each injured month for
and each count
Ramsajeevan
7. As per the prosecution story, complainant Jagjeevan Gupta (PW-2 lodged a report at Police Station Sarai, District Singrauli that his brother Ramsajeevan Gupta had purchased a house from Lalji Jaiswal. Terasiya Gupta and others were disputing this transaction and had locked the house.
8. On 15.07.2021, at about 8:00 AM, his father Chhotelal Gupta Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 01-04-2026 17:40:21 NEUTRAL CITATION NO. 2026:MPHC-JBP:25209 5 CRA-12657-2025 had gone outside the house to freshen up when he was returning to home, then he asked Rahul Gupta that why his sons have locked the house and if the transaction is not acceptable, then he may return the money of his son and take back his property. On such conversation, Rahul started abusing Chhotelal when he was joined by Anil Gupta and Terasiya Gupta then, later on, Indrajeet Gupta. Terasiya Gupta and Anil Gupta caught hold of his father and started beating him with kicks and fists when Indrajeet Gupta picked up an iron rod and had hit his father on his head when on alarm being raised mother of the complainant Mankumari, brother Ramsajeevan intervened. They were also threatened with their lives, they had dialed 100 number and had taken Chhotelal Gupta to the hospital in a bleeding condition. On such report, case Crime No.631/2021 was registered under Sections 294, 323,324, 506, 34 of IPC. A counter case was also registered at the instance of the opposite party.
9. It is submitted that on account of grievous injuries sustained by Chhotelal Gupta, he was referred to the District Hospital, Waidhan where Doctor had reported that injuries were dangerous to life, then Section 307 of IPC was added. Later on, Chhotelal died at Sanjay Gandhi Medical Hospital, Rewa when Section 302 of IPC was added. Anil Gupta had gone absconding when Farari Punchnama was prepared, thereafter, on investigation, charge-sheet was filed on 22.10.2021. On recovery of Anil Gupta, separate charge-sheet was filed on 25.03.2022, Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 01-04-2026 17:40:21 NEUTRAL CITATION NO. 2026:MPHC-JBP:25209 6 CRA-12657-2025 matter was committed to the Sessions Court, trial was conducted, accused abjured their guilt and the rival appellants have been convicted as above.
10. Learned counsel for the appellants in Cr.A. No.364/2026 submits that it was a sudden altercation, there was no element of unlawful assembly, no pre-meditation or common object, therefore, looking to the medical history of Chhotelal, present is a case where conviction should have been altered from one under Section 302 to 304 of IPC.
11. Similarly, appellants, in counter appeal, submit that they have already faced sufficient incarceration and their conviction may be declared to be undergone.
12. Shri Manas Mani Verma, learned Public Prosecutor, in his turn, supports the impugned judgments of conviction and submits that no indulgence may be called for.
13. Having heard learned counsel for the parties and perused the record. Raj Narayan Gupta (PW-1) stated that on 15.07.2021 he had gone to a tea shop. On hearing cries of altercation he had reached the spot where he had seen Chhotelal Gupta lying on the 'chabootra' of Terasiya Gupta. He was bleeding from head. Thus, it is evident that in fact it was Chhotelal Gupta who had gone to the house of Terasiya Gupta and it is not that the assailants had gone to the house of Chhotelal Gupta, therefore, theory of free fight where Chhotelal Gupta and his Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 01-04-2026 17:40:21 NEUTRAL CITATION NO. 2026:MPHC-JBP:25209 7 CRA-12657-2025 associates were the assailants and in self-defence Terasiya Gupta and her party had caused injuries to Chhotelal is apparent from record. This witness has also stated that Terasiya Gupta was also lying unconscious in front of her house. Thus, it is pointed out that Terasiya Gupta on one side and Chhotelal on another side sustained injuries.
14. In cross-examination, Raj Narayan Gupta (PW-1) admits that Chhotelal Gupta and Mankumari, Deepan Gupta and Ramsajeevan had reached the house of Terasiya prior to this witness reaching the spot. In cross-examination, this witness further admits that Chhotelal was aged about 80 years and he died 15-16 days after the incident. This witness admits in para 5 of his cross-examination that he had not seen the incident actually taking place.
15. Jagjeevan Prasad Gupta (PW-2) states that Indrajeet Gupta had hit his father with an iron pipe on his head, as a result of which his father had fallen down on chabootra and started bleeding. Rahul Gupta had hit his father on the left forearm.
16. In cross-examination, this witness admits that the place where dispute took place is about 500 meters away from his house. He admits that the dispute had occurred in front of the house of the Terasiay Gupta. This witness further admits that first of all Raju Gupta had reached the place of the incident, thereafter, Radhe followed by Deepan and then this witness Jagjeevan Prasad had reached the spot.
17. Mankumari Gupta (PW-3) admits in cross-examination that Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 01-04-2026 17:40:21 NEUTRAL CITATION NO. 2026:MPHC-JBP:25209 8 CRA-12657-2025 house of Terasiya Gupta is at a distance of 1 km from the house of Chhotelal. She admits that the land on which house of Terasiya Gupta is constructed is that of Terasiya only. She further admits that her son had purchased that piece of land on which a dispute was already going on between Terasiya Gupta and Lalji Jaiswal. She admits that Terasiya Gupta had locked that house on which there was dispute with Lalji Jaiswal. Thus even this witness admits that the place of dispute was house of Terasiya Gupta and not that of the complainant party.
18. Ramsajeevan Gupta (PW-4) after narrating the incident when his father was returning after answering the call of nature dispute had occurred in front of house of Terasiya Gupta. He admits that deceased Chhotelal Gupta died after 10-12 days of the incident.
19. Indrakali Gupta W/o Ramsajeevan Gupta (PW-5) admitted that incident had taken place in front of house of Indrajeet Gupta which is situated at a distance of half a kilometer from her house. She admitted that she herself, her husband and mother-in-law had reached the place of the incident together. When she had reached the place of the incident, then her father-in-law had sustained injuries. This witness admits that when they had reached the place of the incident that time Indrajeet and Rahul had entered their house.
20. Rakesh Gupta (PW-6), is not an eye witness, he had not seen incident. However, in cross-examination he admitted that there was an old dispute between the accused party and the complainant party on Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 01-04-2026 17:40:21 NEUTRAL CITATION NO. 2026:MPHC-JBP:25209 9 CRA-12657-2025 account of house. This witness admits that by the time he had reached the place of the incident, police had already reached there. No altercation was going on at the relevant point of time. He had not seen the altercation. He admits that police had not recorded statements of the accused persons in front of him.
21. Radheshyam (PW-7) stated that accused had an old dispute with Ramsajeevan Gupta. This witness stated that when he had come out of his house to take water for bath at that time he had seen that Indrajeet, Rahul, Terasiya and Anil were having altercation with wife of Ramsajeevan. Later on, Chhotelal had reached the place of the incident.
22. Dr. Kailash Chandra Gupta (PW-15), while working as Medical Officer at Community Health Center, Sarai, had examined Chhotelal Gupta. He had found a lacerated wound on his head which was bleeding. After administering preliminary treatment CT Scan was advised and patient was referred to District Hospital, Rewa. Similarly, he had examined Ramsajeevan who was complaining of pain in the back but there was no evident injury. He had also examined Mankumari Gupta, who had an abrasion on left hand which was simple in nature caused by hard and blunt object.
23. In cross-examination, this witness admits that CT Scan and X-ray of Chhotelal were not produced before him.
24. Dr. Alakh Prakash Singh (PW-18) had given intimation of death of Chhotelal to the Chowki Prabhari of SGMH.
Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 01-04-2026 17:40:21NEUTRAL CITATION NO. 2026:MPHC-JBP:25209 10 CRA-12657-2025
25. Dr. Yashwant Kumar (PW-20) had conducted postmortem on 28.07.2021. It was informed that he was beaten on 15.07.2021. Chhotelal was admitted at SGMH on 18.07.2021, where he died on 27.07.2021. There was an abrasion measuring 1x0.5 cm on left forearm, 5cm below the elbow, another injury was measuring 4.5 cm x 2.5 cm on the left hand side of high parietal region. Injury No.3 was another stitched wound. There were other stitched injuries. As per his opinion, cause of death was complications arising out of head injury. All the injuries were caused prior to death.
26. When these facts are taken into consideration, then it is evident that as far as, Indrajeet is concerned, allegation on him is of giving a single blow with a pipe on head of Chhotelal. Prosecution witnesses have admitted that incident took place in front of house of Indrajeet/Terasiya which, according to different prosecution witnesses, is at a distance of 500 meters to 1 km. Injuries sustained by two other persons as per report of Dr. Kailash Chandra Gupta (PW-15) were simple in nature. Altercation took place in a sudden manner when injuries were caused by rival parties. Aggressors were the complainant party where Chhotelal was a member of the aggressor party. Ran Narayan Gupta (PW-1) has admitted, in para 5, of his cross-examination that he cannot say as to whether when Chhotelal's son were beating Terasiya, then Chhotelal sustained injuries because he states that he had reached the spot later on. This witness contradicted his case diary Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 01-04-2026 17:40:21 NEUTRAL CITATION NO. 2026:MPHC-JBP:25209 11 CRA-12657-2025 statements (Ex.D-1) stating that he had not stated before the Police that Terasiya had also sustained injuries.
27. Mankumari Gupta (PW-3) admits that Terasiya had also sustained injuries on frontal portion of her head. Prosecution witnesses also admitted that Terasiya was unconscious on account of the said incident.
28. Thus, assailants became the complainant party, they were the aggressors and the place of incident was in front of the house of Terasiya and not in front of the house of aggressors, where Terasiya was also beaten. As per report of Dr. Ganga Bais (PW-8), in counter case, on 15.07.2021, Terasiya was brought to her for treatment. She had sustained injuries on the left hand side of face and head, which were dressed. There was injury on the parietal side of the head. On the left hand side of head there was a fracture, for which CT Scan was advised. It is evident that complainant party that is consisting of the family of Chhotelal were the aggressors, they had first beaten Terasiya, thereafter, others in self- defence had beaten the aggressor party.
29. When these facts are taken into consideration, then trial Court has committed an error in recording conviction of all the accused persons, namely, Indrajeet Gupta, Rahul Gupta, Anil Kumar Gupta and Terasiya @ Nachani Gupta under Section 302 with the aid of Section 34 of IPC. In fact, in a sudden fight where Chhotelal and company were the aggressors, complainant party had sustained injury, where Indrajeet Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 01-04-2026 17:40:21 NEUTRAL CITATION NO. 2026:MPHC-JBP:25209 12 CRA-12657-2025 Gupta had given a single blow on the head of Chhotelal without any premeditation or intention and there was no common object, therefore, conviction of Indrajeet needs to be altered from one under Section 302/34 of IPC to 304 Part-II of IPC as his case fall under 4th Exception to Section 300 of IPC and, accordingly, his conviction is altered from one under Section 302/34 of IPC to Section 304 Part-II of IPC and he is directed to undergo 7 years Rigorous Imprisonment along with fine of Rs.5,000/- with a default stipulation to undergo additional R.I. for six months. However, his conviction under Section 323(two counts)/34 of IPC is maintained.
30. As far as other appellants Rahul Gupta, Anil Kumar Gupta and Terasiya @ Nachani Gupta are concerned, their conviction under Section 302/34 of IPC cannot be sustained in the eyes of law and is hereby set aside. However, their conviction under Section 323 (on two counts)/34 of IPC is maintained. In above terms. Cr.A. 364/2026 is partly allowed.
31. As far as, Cr.A. No.12657/2025 is concerned, there are allegations of causing simple injury to the members of the opposite group except Terasiya, who had sustained grievous injuries. Therefore, looking to the nature of the incident and the dispute which took place between the parties since appellants Ramsajeevan Gupta, Jagjeevan Gupta, Rakesh Kumar Gupta and Harihar Prasad Gupta were never in custody during trial, however, they are in custody from the date of Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 01-04-2026 17:40:21 NEUTRAL CITATION NO. 2026:MPHC-JBP:25209 13 CRA-12657-2025 judgment i.e. 29/12/2025 till today. Thus, their conviction under Section 325/34 of IPC for the period, they have already undergone. However, fine amount is increased from Rs.2,000/- to Rs.10,000 (Rupees Ten Thousand) each with further direction that 90% of this fine amount be given to Terasiya @ Nachani Gupta.
32. In above terms, both these appeals are partly allowed and disposed of.
(VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN)
JUDGE JUDGE
MTK
Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 01-04-2026
17:40:21