Madhya Pradesh High Court
Mahendra Choudhary vs The State Of Madhya Pradesh on 19 December, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:37634
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
CRIMINAL APPEAL No. 12041 of 2024
MAHENDRA CHOUDHARY
Versus
THE STATE OF MADHYA PRADESH
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Appearance:
Shri Tushar Tiwari - Advocate alongwith Shri Aman Malviya -
Advocate for the appellant..
Shri Jayesh Yadav - Learned Govt. Advocate for the
respondent/State.
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RESERVED ON : 06.08.2025
POSTED ON : 19.12.2025
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JUDGMENT
This criminal appeal under Section 415 of the BNSS, 2023 is preferred challenging the conviction under 407 (80 counts) of the IPC and to undergo the sentence vide judgment dated 04.10.2024 in Session Trial No.120/2020 by the First Additional Session Judge, District Dewas, as below:-
1 2 3 4 5 6 7Sr. Complainant Section Sentence Fine Reimbursement Default No. Persons/ Amount Sentence (if Aggrieved fine not paid) Party Rigorous Imprisonment for six months
1. Antar Singh 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous S/o Shri the IPC Imprisonment (Rupees Four (Rupees Four Imprisonment Sawant Singh for four years Lakh Fifty Lacs only) for six months Thousand only)
2. Santosh S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Radhakishan for four years Fifty Lacs only) for six months Thousand) Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM
3. Bhagwan Lal, 407 of Rigorous ₹15,00,000 /- ₹14,00,000/- Rigorous Son of Shri the IPC Imprisonment (Fifteen (Rupees Imprisonment Ramchandra for four years Lakh) Fourteen Lacs for six months only)
4. Ishwar, Son 407 of Rigorous ₹3,50,000 /- ₹3,00,000/- Rigorous of Shri the IPC Imprisonment (Three Lakh (Rupees Three Imprisonment Giridhari Lal for four years Fifty Lacs only) for six months Thousand)
5. Leeladhar, 407 of Rigorous ₹7,50,000 /- ₹7,00,000/- Rigorous Son of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Bhairaji for four years Fifty Lacs only) for six months Thousand)
6. Santosh, Son 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Lakshminara for four years Fifty Lacs only) for six months yan Thousand)
7. Rajendra, Son 407 of Rigorous ₹6,50,000/- ₹6,00,000/- Rigorous of Shri the IPC Imprisonment (Six Lakh (Rupees Six Imprisonment Madanlal for four years Fifty Lacs only) for six months Thousand)
8. Manoj, Son 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ghanshyam for four years Fifty Lacs only) for six months Thousand)
9. Ravindra, 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Son of Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Ghanshyam for four years Fifty Lacs only) for six months Thousand)
10. Anar Singh, 407 of Rigorous ₹5,00,000/- ₹4,50,000/- Rigorous Son of Shri the IPC Imprisonment (Five Lakh (Rupees Four Imprisonment Savant Singh for four years only) Lakh Fifty for six months Thousand only)
11. Prahlad 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Singh, Son of the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri Savant for four years Fifty Lacs only) for six months Singh Thousand)
12. Babulal, Son 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous of Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Balmukund for four years Fifty Lacs only) for six months Thousand)
13. Shivnarayan 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Patel, Son of the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri Hazarilal for four years Fifty Lacs only) for six months Patel Thousand)
14. Dinesh, Son 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Balmukund for four years Fifty Lacs only) for six months Thousand)
15. Omprakash, 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Son of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ghasiram for four years Fifty Lacs only) for six months Thousand)
16. Omprakash, 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Son of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ghasiram for four years Fifty Lacs only) for six months Thousand)
17. Subhash 407 of Rigorous ₹9,50,000/- ₹9,00,000/- Rigorous Patel, Son of the IPC Imprisonment (Nine Lakh (Rupees Nine Imprisonment Shri Sitaram for four years Fifty Lakh only) for six months Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM NEUTRAL CITATION NO. 2025:MPHC-IND:37634 3 Patel Thousand)
18. Vasudev, Son 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous of Shri the IPC Imprisonment (Four Lakh (Rupees Four Imprisonment Ghasiram for four years Fifty Lakh only) for six months Thousand)
19. Mahesh, Son 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Bhagirath for four years Fifty Lacs only) for six months Thousand)
20. Dinesh, Son 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Sitaram for four years Fifty Lacs only) for six months Thousand)
21. Rajendra, Son 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous of Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Sukhram for four years Fifty Lacs only) for six months Thousand)
22. Jagdish S/o 407 of Rigorous ₹7,00,000/- ₹6,50,000/- Rigorous Shri Bhairuji the IPC Imprisonment (Seven Lakh (Rupees Six Imprisonment for four years only) Lacs Fifty for six months Thousand only)
23. Mukesh S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri Tulsiram the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment for four years Fifty Lacs only) for six months Thousand only)
24. Santosh S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri Mangilal the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment for four years Fifty Lacs only) for six months Thousand)
25. Parmanand 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Ramchandra for four years Fifty Lacs only) for six months Chaudhary Thousand only)
26. Kamal Patel 407 of Rigorous ₹7,00,000/- ₹6,50,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Six Imprisonment Ramchandra for four years only) Fifty Thousand for six months Patel Lacs only)
27. Jagdish S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri Heeralal the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment for four years Fifty Lacs only) for six months Thousand only)
28. Bhagirath S/o 407 of Rigorous ₹16,00,000/- ₹15,00,000/- Rigorous Shri the IPC Imprisonment (Sixteen Lacs (Rupees Fifteen Imprisonment Ghasiram for four years Only) Lacs only) for six months
29. Kailash S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lacs (Rupees Seven Imprisonment Lakshminara for four years Fifty Lacs only) for six months yan Thousand only)
30. Rajendra S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri Ishwarlal the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment for four years Fifty Lacs only) for six months Thousand only)
31. Manoj S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM Rambaksha for four years Fifty Lacs only) for six months Thousand only)
32. Pawan Singh 407 of Rigorous ₹12,00,000/- ₹11,00,000/- Rigorous S/o Shri the IPC Imprisonment (Twelve Lacs (Rupees Eleven Imprisonment Harisingh for four years only) Lacs only) for six months
33. Chhaganlal 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lacs (Rupees Seven Imprisonment Hajarilal for four years Fifty Lacs only) for six months Thousand only)
34. Kailash S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lacs (Rupees Seven Imprisonment Shivjiram for four years Fifty Lacs only) for six months Chaudhary Thousand only)
35. Govind S/o 407 of Rigorous ₹6,50,000/- ₹6,00,000/- Rigorous Shri Shriram the IPC Imprisonment (Six Lacs (Rupees Six Imprisonment Chaudhary for four years Fifty Lacs only) for six months Thousand only)
36. Shekhar S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Gaurishankar for four years Fifty Lacs only) for six months Mandloi Thousand)
37. Ashok Kumar 407 of Rigorous ₹6,50,000/- ₹6,00,000/- Rigorous S/o Shri the IPC Imprisonment (Six Lacs (Rupees Six Imprisonment Kantilal Patel for four years Fifty Lacs only) for six months Thousand only)
38. Kamal Singh 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Ramsingh for four years Fifty Lacs only) for six months Darbar Thousand only)
39. Jeevan Singh 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Padamsingh for four years Fifty Lacs only) for six months Thousand only)
40. Chatarsingh 407 of Rigorous ₹15,00,000/- ₹14,00,000/- Rigorous S/o Shri the IPC Imprisonment (Fifteen Lacs (Rupees Imprisonment Ratan Singh for four years only) Fourteen Lacs for six months only)
41. Pooransingh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Sukhram the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Singh for four years Fifty Lacs only) for six months Thousand)
42. Rajesh S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Indersingh the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Nagar for four years Fifty Lacs only) for six months Thousand)
43. Saudan Singh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ramsingh for four years Fifty Lacs only) for six months Chauhan Thousand)
44. Jeevan Singh 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Parvatsingh for four years Fifty Lacs only) for six months Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM NEUTRAL CITATION NO. 2025:MPHC-IND:37634 5 Thousand only)
45. Surendra 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Singh S/o the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri for four years Fifty Lacs only) for six months Samandarsing Thousand) h Rajput
46. Dinesh Singh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Parvatsingh for four years Fifty Lacs only) for six months Bair Thousand)
47. Shammi 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Kumar S/o the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri Biharilal for four years Fifty Lacs only) for six months Chaudhary Thousand)
48. Sunil S/o Shri 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Biharilal the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Patel for four years Fifty Lacs only) for six months Thousand only)
49. Satyanarayan 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Babulal for four years Fifty Lacs only) for six months Thousand)
50. Manohar S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Jagannath for four years Fifty Lacs only) for six months Patel Thousand only)
51. Subhash S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Parmanand for four years Fifty Lacs only) for six months Patel Thousand)
52. Radheshyam 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Gaurishankar for four years Fifty Lacs only) for six months Patel Thousand only)
53. Murari Lal 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Bapuji for four years Fifty Lacs only) for six months Chaudhary Thousand)
54. Lakhan Singh 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous S/o Shri the IPC Imprisonment (Four Lacs (Rupees Four Imprisonment Dariyav for four years Fifty Lakh only) for six months Singh Thousand Mandloi only)
55. Manoharlal 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Atmaram for four years Fifty Lacs only) for six months Thousand)
56. Manoj S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri the IPC Imprisonment (Eight Lacs (Rupees Eight Imprisonment Madanlal for four years Fifty Lacs only) for six months Khati Thousand only)
57. Babulal S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Madanlal for four years Fifty Lacs only) for six months Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM Patel Thousand)
58. Tej Singh S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Sewajiram for four years Fifty Lacs only) for six months Patel Thousand)
59. Harinarayan 407 of Rigorous ₹6,50,000/- ₹6,00,000/- Rigorous S/o Shri the IPC Imprisonment (Six Lacs (Rupees Six Imprisonment Umraosingh for four years Fifty Lacs only) for six months Thousand only)
60. Rajendra S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Mohanlal for four years Fifty Lacs only) for six months Barnasiya Thousand)
61. Maheshchand 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous ra S/o Shri the IPC Imprisonment (Four Lacs (Rupees Four Imprisonment Babulal for four years Fifty Lakh only) for six months Barnasiya Thousand only)
62. Kamalsingh 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Babulal for four years Fifty Lacs only) for six months Barnasiya Thousand only)
63. Anokhilal S/o 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous Shri the IPC Imprisonment (Four Lacs (Rupees Four Imprisonment Ramratan for four years Fifty Lakh only) for six months Thousand only)
64. Pawan 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Kumar S/o the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri Jagdish for four years Fifty Lacs only) for six months Khati Thousand)
65. Prahlad Singh 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous S/o Shri the IPC Imprisonment (Four Lacs (Rupees Four Imprisonment Balwant for four years Fifty Lakh only) for six months Singh Bhati Thousand only)
66. Maan Singh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Dariyav for four years Fifty Lacs only) for six months Singh Thousand) Saindhav
67. Nanuram S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri Laxman the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Mandloi for four years Fifty Lacs only) for six months Thousand)
68. Rupesh S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri Babulal the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Mandloi for four years Fifty Lacs only) for six months Thousand only)
69. Kamalsingh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ghasiram for four years Fifty Lacs only) for six months Saindhav Thousand)
70. Arvind Singh 407 of Rigorous ₹6,50,000/- ₹6,00,000/- Rigorous S/o Shri the IPC Imprisonment (Six Lacs (Rupees Six Imprisonment Bhairasingh for four years Fifty Lacs only) for six months Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM NEUTRAL CITATION NO. 2025:MPHC-IND:37634 7 Saindhav Thousand only)
71. Tej Singh S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Karnasingh for four years Fifty Lacs only) for six months Badwana Thousand only)
72. Chain Singh 407 of Rigorous ₹8,00,000/- ₹7,50,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lacs (Rupees Seven Imprisonment Bapusingh for four years only) Lakh Fifty for six months Badwana Thousand only)
73. Chandan 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Singh S/o the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Shri Devilal for four years Fifty Lacs only) for six months Amalvatiya Thousand only)
74. Bansisingh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ambaram for four years Fifty Lacs only) for six months Thousand)
75. Rameshchand 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous ra S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ramkaran for four years Fifty Lacs only) for six months Thousand)
76. Harinarayan 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Ramchandra for four years Fifty Lacs only) for six months Patel Thousand only)
77. Tej Singh S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri Heeralal the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Nagar for four years Fifty Lacs only) for six months Thousand only)
78. Kedar S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ramprasad for four years Fifty Lacs only) for six months Chaudhary Thousand)
79. Kantilal S/o 407 of Rigorous ₹8,00,000/- ₹7,50,000/- Rigorous Shri the IPC Imprisonment (Eight Lacs (Rupees Seven Imprisonment Ramprasad for four years only) Lakh Fifty for six months Thousand only)
80. Basant 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Kumar S/o the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri Sitaram for four years Fifty Lacs only) for six months Maheshwari Thousand)
02. The substantive sentence of imprisonment is ordered to run concurrently The amount of fine has been ordered to be paid to the victims as mentioned in the column No.6 of the above.
03. Facts of the case in brief are that the appellant was prosecuted for the charges under Section 420(80 counts) and 409 (80 counts) of the IPC Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM in the session trial arising out of the Crime No.160/2013 registered at Police Station Barotha, District Dewas. The appellant/accused was the proprietor of "Gopi Warehouse" situated at village Sadashivpura, P.S. Barotha, District Dewas. The F.I.R. of Crime No.160/2013 was registered on 09.07.2013 at the instance of Antar Singh Jhala (PW-1) with the allegation that victims mentioned in Coloum No.2 are the farmers and they deposited (stored) their agricultural produce (soyabean and gram) at the Gopi Warehouse belonging to the appellant/accused. The appellant/accused retained the original receipts of deposit of agricultural produce and provided the xerox copy to the farmers and asked them to open their account at Allahabad Bank, Dewas so that the farmers could get loan on the basis of the receipts of warehouse and the crops will be automatically insured. All the farmers opened their accounts at Allahabad Bank, Dewas and appellant/accused got the sanction of loan for all farmers on the basis of receipt of the warehouse and also got the signatures of farmers on the withdrawal slip and withdrew the amount sanctioned to the farmers against the crop. When farmers asked regarding this from the appellant, then he assured that he will repay the loan of all bank. Thereafter, farmers received the notice of recovery of loan account in the month of Feburary, 2013. When they verified the crop at warehouse then found that their crop was not in the warehouse. The farmers inquired from the appellant/accused then the accused said that he has sold the crop, and he will repay the consideration amount received from the sale of crop. The appellant/accused neither paid the consideration price nor returned their crops and Crime No.160/2013 was registered under Section 406 and 420 of the IPC. Completing the investigation under Section 420 and 409 of the IPC, the final report was submitted on 29.06.2015 to the Court of JMFC, Dewas mentioning the appellant/accused absconding and RCT No.2511/2015 was registered in the Court of JMFC, Dewas and, vide order Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM NEUTRAL CITATION NO. 2025:MPHC-IND:37634 9 dated 05.08.2015 the appellant was declared absconding. The appellant/accused was arrested on 26.10.2019 and vide order dated 22.02.2020, the case was committed to the Court of Session Judge, Dewas.
04. The appellant was put to trial for the charges under Section 420 (80 counts) and 409 (80 counts) of the IPC. The appellant abjured the guilt and pleaded innocence. He advanced the defence that farmers have received the amount of sanctioned loan from the Allahabad Bank, Dewas and he had supplied the original receipts of Warehouse and thereafter they took back their crop also from the warehouse. False report has been lodged against him to avoid the repayment of the loan amount.
05. To bring home the guilt prosecution examined as many as 14 witnesses, including the complainant Antar Singh as PW-1 & and farmer Santosh Mandloi as PW-2, Bhawanlal as PW-3, Ishwar Lal Patel as PW-4, Leeladhar Patel as PW-5, Santosh as PW-6, Rajendra Choudhary as PW-7, Manoj Patel as PW-8, Ravindra Patel as PW-9 and Kailash Patel as PW- 12, the witness of seizure memo - Jitendra Jadhav as PW-10, D.S. Vishwakarma as PW-11, Suman Jha as PW-13 and Gyanendra Singh Sengar as PW-14.
06. In the examination under Section 313 of the Cr.P.C., 1973, the appellant either denied or pleaded ignorance. He did not examine any witness in his defence.
07. The trial Court framed six questions for consideration and appreciating the evidence, the trial Court found proved that the appellant caused the criminal breach of trust by selling the agricultural produce entrusted to him as proprietor of Gopi Warehouse situated at village Sadashivpura within the jurisdiction of Police Station Barotha, District Dewas and dishonestly converted the sale proceeds for his own use and that act false within the purview of Section 407 of the IPC only but does not fall within the category of Section 409 of the IPC. The trial Court Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM further recorded the finding that the ingredients of Section 420 of the IPC are not proved and acquitted the appellant from the charges of Section 420 & 409 of the IPC and convicted and sentenced the appellant Mahendra Choudhary under Section 407 (80 counts) of the IPC and sentenced as mentioned in para 1 of the order.
08. Challenging the conviction and sentence, this appeal has been preferred, raising total 14 grounds that are being summarized as below:-
(i) The trial Court erred by not considering the fact that from the bare reading of the charge sheet, there is no iota of evidence collected by the prosecution for which the appellant could be tried and convicted and therefore the conviction of the appellant is bad in law.
(ii) The trial Court erred by not considering the defense of the accused where direct questions were put to the witnesses with respect to the present appellant being a public servant or in the way of his business as a banker, merchant, factor, brother, attorney or agent and all the witnesses have categorically denied the present appellant being any one of the above- stated officer.
(iii) trial Court has erred in not considering the fact that witnesses have admitted to receiving the amount in their own bank account and withdrawing the same, and no evidence has been put on record by the prosecution which would show that the present appellant has make the withdrawals from the bank and hence the allegation has not been proved beyond reasonable doubt further casting a high doubt upon the fact that the appellant was in custody of the produce or not.
(iv) The trial Court has charged the appellant under Section 420 and 409 of the IPC only and no charge has been framed against the appellant under Section 407 of the IPC and no opportunity was provided to the appellant to raise a defence for the charge under Section 407 of the IPC.Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:37634 11
(v) The trial Court committed error in not considering the fact that the prosecution witnesses 1 to 9 and 12 have admitted the fact that they do not have adequate land to produce the amount of crop they claim to have deposited in the warehouse of the present appellant, casting a high doubt over the entire case of the prosecution. Since, the farmer could not produce the requisite amount of crops the question arises as to how they could have deposited it. No investiation regarding where, when and how this sale was made was done. The prosecution too has not provided any fact or evidence with regard to this thereby not proving their case beyond a reasonable doubt.
(vi) The trial Court has convicted the appellant on 80 counts without recording the statements of nearly 70 farmers. The prosecution has not examined the witnesses in court and guilt with respect to these approximately 70 counts have not been proved by the prosecution. The concerned documents have been exhibited through the banker who has no personal knowledge about the case.
(vii) The trial Court was wrong in not considering the material omissions and contradictions in the statement of prosecution witnesses. The judgment passed by the trial Court is erroneous in both facts and law and based on surmises and conjectures.
Heard.
09. Learned counsel for the State has opposed the appeal submitting that the prosecution has proved the offence through documents Exhibit-P/2 to P/1341 and entrustment of the crop (Soyabean and Grams) by the farmers to the appellant/accused has been proved through documents mentioned in column No.4 of the list in para 24 of the judgment and there is no evidence that entrusted property was returned to the farmers from whom the crop was received as a warehouse keeper. The amount of fine is equivalent to the value of the crop and the purpose is only to compensate the person Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM from whom the crop was received. The sentence is proportionate. No case for interference either in conviction or in appeal is made out.
Perused the record.
10. Before proceeding further, this court is reproducing Section 407 of the IPC as verbatim:-
407. Criminal breach of trust by carrier, etc. Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
11. It is not in dispute that Gopi Warehouse, Sadashivpura (Barotha), Tehsil & District Dewas was established under Madhya Pradesh Agricultural Warehouse Act, 1947 and license No.1299 was valid up to 30.06.2011 and the appellant/accused was the Manager of the Gopi Warehouse. Exhibit-P/59, Exhibit-P/74, Exhibit-P/91, Exhibit-P/108, Exhibit-P/122, Exhibit-P/137, Exhibit-P/152, Exhibit-P/168, Exhibit- P/185, Exhibit-P/201, Exhibit-P/215, Exhibit-P/232, Exhibit-P/248, Exhibit-P/261, Exhibit-P/278, Exhibit-P/293, Exhibit-P/320, Exhibit- P/334, Exhibit-P/351, Exhibit-P/365, Exhibit-P/381, Exhibit-P/397, Exhibit-P/412, Exhibit-P/428, Exhibit-P/442, Exhibit-P/458, Exhibit- P/473, Exhibit-P/498, Exhibit-P/503, Exhibit-P/519, Exhibit-P/536, Exhibit-P/552, Exhibit-P/566, Exhibit-P/575, Exhibit-P/599, Exhibit- P/615, Exhibit-P/630, Exhibit-P/645, Exhibit-P/660, Exhibit-P/675, Exhibit-P/690, Exhibit-P/705, Exhibit-P/723, Exhibit-P/738, Exhibit- P/751, Exhibit-P/767, Exhibit-P/782, Exhibit-P/798, Exhibit-P/812, Exhibit-P/826, Exhibit-P/841, Exhibit-P/858, Exhibit-P/871, Exhibit- P/889, Exhibit-P/904, Exhibit-P/917, Exhibit-P/933, Exhibit-P/949, Exhibit-P/966, Exhibit-P/979, Exhibit-P/994, Exhibit-P/1009, Exhibit-
Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PMNEUTRAL CITATION NO. 2025:MPHC-IND:37634 13 P/1023, Exhibit-P/1039, Exhibit-P/1056, Exhibit-P/1071, Exhibit-P/1087, Exhibit-P/1103, Exhibit-P/1119, Exhibit-P/1137, Exhibit-P/1153, Exhibit- P/1166, Exhibit-P/1181, Exhibit-P/1197, Exhibit-P/1212, Exhibit-P/1230, Exhibit-P/1244, Exhibit-P/1259, Exhibit-P/1275, Exhibit-P/1291, Exhibit- P/1307, Exhibit-P/1323, Exhibit-P/1331 are proved through Shri D.S. Vishwakarma (the then Senior Manager) Allahabad Bank, Branch Dewas (M.P.) examined as PW-11 as the receipts issued by the appellant/accused on deposit of crops in the Gopi Warehouse, Sadashivpura (Barotha), Tehsil & District Dewas. These receipts are appended with the certificate issued by the present appellant regarding the name of crop, number of bags, total weight, grade of crop, physical condition and their value. The contention that Shri D.S. Vishwakarma (PW-11) cannot prove those documents, has no substance because the documents were in custody with the bank due to the sanction of loan against the pledge of those warehouse receipts by the Allahabad Bank, Branch Dewas.
12. Antarsingh Jhala (PW-1), Santosh Mandloi (PW-2), Bhagwanlal (PW-3), Ishwarlal Patel (PW-4), Leeladhar Patel (PW-5), Santosh (PW-6), Rajendra Choudhary (PW-7), Manoj Patel (PW-8), Ravindra Patel (PW-9), Kailash Patel (PW-12) are among those farmers who deposit their crops in the Gopi Warehouse, Sadashivpura (Barotha), Tehsil & District Dewas and the trial Court has rightly taken note to the objection that some farmers have not sufficient area in their Bhoomiswami rights of land that they grew the crop, after getting the agricultural land on lease.
13. The trial Court further held that when the documentary evidence is available then it is not necessary that each and every farmer who deposit the crop be examined as witness. In the examination under Section 313 of the Code of Criminal Procedure, 1973, the explanation to question No.172 is that the farmers who deposited the crop in the warehouse have taken back the crop. He has supplied the original receipts to the farmers and Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM complaint has been made to avoid the repayment of installments of loan. If the farmers would have taken back the crop then the original receipts issued at the time of deposit of the crop would have been taken back by the appellant/accused but no document demonstrating the return of the crops has been placed on record. Exhibit-D/1 to Exhibit-D/7 serves no purpose. Accordingly, the finding of the trial Court recorded in para 35 that appellant Mahendra Choudhary was the keeper of Gopi Warehouse, Sadashivpura (Barotha), Tehsil & District Dewas and 80 farmers mentioned in column No.1 of para 42 of the trial Court judgment and reproduced in the para 1 of the judgment of this court entrusted their crop through the receipt mentioned in para 11 of the judgment to the appellant/accused and factum of absconding of the appellant on registration of the case i.e 09.07.2013 till his arrest on 26.10.2019 proves beyond reasonable doubt that the appellant/accused committed criminal breach of trust being entrusted with property through receipts mentioned in para 11 as a warehouse keeper.
14. In para 24 of the trial court judgment, the number of farmers is 83 whereas the finding of trial Court is for committing breach of trust regarding 80 farmers. On meticulous examination of the record, it transpires that the farmers mentioned at Serial No.22 and 23 of para 24 namely Bhagwanlal Choudhary are the same person. Entry No.22 is with regard to the deposit of Soybean crop and entry No.23 is with regard to the deposit of gram/chana crop. Similarly, farmers mentioned at Serial No.34 and 35 of para 24 namely Pawan Singh are same person and entry No.34 is with regard to the deposit of crop of Soybean and entry No.35 is with regard to the deposit of crop of chana. Similarly, at Serial No.42 and 43 of para 24 namely Chatarsingh are same person and entry no.42 is with regard to the deposit of crop of gram/chana and entry no.43 is with regard to the deposit of crop of Soybean. Hence, the finding of the trial Court that Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM NEUTRAL CITATION NO. 2025:MPHC-IND:37634 15 the above offence of criminal breach of trust as warehouse keeper was committed by the appellant at 80 counts is proper. The offence under Section 407 is the minor offence of section 409 of the IPC and in the light of Section 222(2) of the Code of Criminal Procedure, 1973, the appellant/accused may be convicted under Section 407 of the IPC although he was not charged with it. The conviction of appellant under Section 407 (80 counts) is based on proper appreciation of fact and law. Hence, the challenge regarding conviction of the appellant does not succeed and the finding of conviction under Section 407 (80 counts) of the IPC is affirmed.
Now, come to the question of sentence.
15. It is argued that the substantive sentence of 4 years in all 80 counts has been ordered to run concurrently but the sentence of imprisonment in lieu of fine is in the way of appellant/accused to be released. If it remains in the present form, then the appellant has to undergo a total period of 44 years, and it would be harsh, and it cannot be sustained.
16. In the present case, the appellant/accused obtained the crop of the farmers residing nearby villages by working as warehouse keeper. This offence falls within the category of economic offence. The economic crimes not only causes financial hardship for the people but they can also have major consequences for the overall economy. Thus, the punishment should not be so lenient that it does not have adequate deterrent effect on the society at large. It is therefore, the solemn duty of the court to strike a proper balance while awarding the sentence as awarding lesser sentence encourages other criminal and, as a result of the same, the society suffers.
17. In the case of Shahejadkhan Mahebubkhan Pathan vs. State of Gujrat reported in 2012 AIR SCW 5875, the Apex Court considered the issue of inflicting the sentence in default of fine and held in para 12, which is being reproduced as below:-
Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM"12) It is clear and reiterated that the term of imprisonment in default of payment of fine is not a sentence. To put it clear, it is a penalty which a person incurs on account of non-payment of fine. On the other hand, if sentence is imposed, undoubtedly, an offender must undergo unless it is modified or varied in part or whole in the judicial proceedings. However, the imprisonment ordered in default of payment of fine stands on a different footing. When such default sentence is imposed, a person is required to undergo imprisonment either because he is unable to pay the amount of fine or refuses to pay such amount. Accordingly, he can always avoid to undergo imprisonment in default of payment of fine by paying such an amount. In such circumstance, we are of the view that it is the duty of the Court to keep in view the nature of offence, circumstances in which it was committed, the position of the offender and other relevant considerations such as pecuniary circumstances of the accused person as to character and magnitude of the offence before ordering the offender to suffer imprisonment in default of payment of fine. The provisions of Sections 63 to 70 of IPC make it clear that an amount of fine should not be harsh or excessive. We also reiterate that where a substantial term of imprisonment is inflicted, an excessive fine should not be imposed except in exceptional cases."
18. In Sharad Hiru Kolambe vs. State of Maharashtra and Ors. (2018) 18 SCC 718, the Apex Court have held that the imposition of term of imprisonment in default of payment of fine is not a sentence and it is a penalty which a person incurs on account of non-payment of fine.
19. The above pronouncement makes it clear that the imposition of the term of imprisonment in default of payment of fine is not a sentence and it is a penalty which a person incurs on account of non-payment of fine. It is also made clear that if such default sentence is imposed, undoubtedly, an offender must undergo unless it is modified or varied in part or whole in the judicial proceedings.
20. In the case of O.M Cherian @ Thankachan vs State Of Kerala & Ors reported in 2015 2 SCC 501, it has been held that any sentence of imprisonment in default of fine has to be in excess of, and not concurrent Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM NEUTRAL CITATION NO. 2025:MPHC-IND:37634 17 with, any other sentence of imprisonment to which the convict may have been sentenced.
21. The High Court of Kerala in the case of Madappen Muhasin vs. State of Kerala : 2016 Cr.L.J. 4792 has held as under:-
8. If a person has known sources of income or money in abundance with him, even without a default sentence, the fine can be realised. Evidently the said discretion to impose a default sentence for non-payment of fine is vested with the Court, only for the purpose of compelling the accused to pay the fine within a specified time. Apart from that, it has no importance at all. That is the reason why the Legislature has imposed a condition that such default sentence cannot be concurrent with the substantive term of imprisonment in the case. Apart from that, any set off cannot be granted under S. 428 of the Code of Criminal Procedure as against such default sentence.
9. The aforesaid aspects has been considered by the Apex Court in Vijayan v. Sadanandan K. & Anr.
MANU/SC/0737/2009 : (2009 (2) KLT 618 (SC) : (2009) 6 SCC 652), wherein it was held in paragraph 30 that S. 64 of the Indian Penal Code makes it clear that while imposing a sentence of fine, the court would be competent to include a default sentence to ensure payment of the same.
22. It is not a case that appellant/accused has to suffer imprisonment in default of payment of fine due to his poverty. Here is the case in which he has to suffer imprisonment in default of payment of fine for non-refunding the price of the crop entrusted to the appellant in the capacity of keeper of warehouse and thereafter committing the breach of trust by misappropriating the crop and utilizing the funds for his own use.
23. The appellant/accused cannot be permitted to enrich at the cost of farmers who belongs to marginal section of the society. Lesser sentence will encourage the others to commit such type of offence. Otherwise also, the default sentence automatically ends if he returns the amount kept by him. The appellant/accused cannot be permitted to utilize the money Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM belonging to other for his or his family members use. Simultaneously, the present appellant/accused cannot be kept in the imprisonment for a too long period. Balancing the interest of both, the sentence of one & a half months in default of each count will serve the purpose, and in case of all defaults, the total sentence would be 120 months, i.e. 10 years. When calculated with the substantive imprisonment of years, the total period of custody would be 14 years, and it would not infringe any right of the appellant/accused. Hence, this Criminal Appeal filed under Section 415 of the BNSS, 2023 is partly allowed and the sentence of imprisonment in default of fine for each count is altered from six months to one & a half month. Sentence of substantive imprisonment of 4 years for each count to run concurrently does not require interference. Thus, the appellant/accused Mahendra Choudhary will undergo the sentence as under:
Sr. Complainant Section Sentence Fine Reimbursement Default No. Persons/ Amount Sentence (if Aggrieved fine not paid) Party Rigorous Imprisonment for one & a months
1. Antar Singh 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous S/o Shri the IPC Imprisonment (Rupees Four (Rupees Four Imprisonment Sawant Singh for four years Lakh Fifty Lacs only) for one & a half Thousand months only)
2. Santosh S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Radhakishan for four years Fifty Lacs only) for one & a half Thousand) months
3. Bhagwan Lal, 407 of Rigorous ₹15,00,000 /- ₹14,00,000/- Rigorous Son of Shri the IPC Imprisonment (Fifteen (Rupees Imprisonment Ramchandra for four years Lakh) Fourteen Lacs for one & a half only) months
4. Ishwar, Son 407 of Rigorous ₹3,50,000 /- ₹3,00,000/- Rigorous of Shri the IPC Imprisonment (Three Lakh (Rupees Three Imprisonment Giridhari Lal for four years Fifty Lacs only) for one & a half Thousand) months
5. Leeladhar, 407 of Rigorous ₹7,50,000 /- ₹7,00,000/- Rigorous Son of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Bhairaji for four years Fifty Lacs only) for one & a half Thousand) months
6. Santosh, Son 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM NEUTRAL CITATION NO. 2025:MPHC-IND:37634 19 Lakshminara for four years Fifty Lacs only) for one & a half yan Thousand) months
7. Rajendra, Son 407 of Rigorous ₹6,50,000/- ₹6,00,000/- Rigorous of Shri the IPC Imprisonment (Six Lakh (Rupees Six Imprisonment Madanlal for four years Fifty Lacs only) for one & a half Thousand) months
8. Manoj, Son 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ghanshyam for four years Fifty Lacs only) for one & a half Thousand) months
9. Ravindra, 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Son of Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Ghanshyam for four years Fifty Lacs only) for one & a half Thousand) months
10. Anar Singh, 407 of Rigorous ₹5,00,000/- ₹4,50,000/- Rigorous Son of Shri the IPC Imprisonment (Five Lakh (Rupees Four Imprisonment Savant Singh for four years only) Lakh Fifty for one & a half Thousand only) months
11. Prahlad 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Singh, Son of the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri Savant for four years Fifty Lacs only) for one & a half Singh Thousand) months
12. Babulal, Son 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous of Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Balmukund for four years Fifty Lacs only) for one & a half Thousand) months
13. Shivnarayan 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Patel, Son of the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri Hazarilal for four years Fifty Lacs only) for one & a half Patel Thousand) months
14. Dinesh, Son 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Balmukund for four years Fifty Lacs only) for one & a half Thousand) months
15. Omprakash, 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Son of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ghasiram for four years Fifty Lacs only) for one & a half Thousand) months
16. Omprakash, 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Son of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ghasiram for four years Fifty Lacs only) for one & a half Thousand) months
17. Subhash 407 of Rigorous ₹9,50,000/- ₹9,00,000/- Rigorous Patel, Son of the IPC Imprisonment (Nine Lakh (Rupees Nine Imprisonment Shri Sitaram for four years Fifty Lakh only) for one & a half Patel Thousand) months
18. Vasudev, Son 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous of Shri the IPC Imprisonment (Four Lakh (Rupees Four Imprisonment Ghasiram for four years Fifty Lakh only) for one & a half Thousand) months
19. Mahesh, Son 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Bhagirath for four years Fifty Lacs only) for one & a half Thousand) months
20. Dinesh, Son 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous of Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Sitaram for four years Fifty Lacs only) for one & a half Thousand) months
21. Rajendra, Son 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM of Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Sukhram for four years Fifty Lacs only) for one & a half Thousand) months
22. Jagdish S/o 407 of Rigorous ₹7,00,000/- ₹6,50,000/- Rigorous Shri Bhairuji the IPC Imprisonment (Seven Lakh (Rupees Six Imprisonment for four years only) Lacs Fifty for one & a half Thousand only) months
23. Mukesh S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri Tulsiram the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment for four years Fifty Lacs only) for one & a half Thousand months only)
24. Santosh S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri Mangilal the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment for four years Fifty Lacs only) for one & a half Thousand) months
25. Parmanand 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Ramchandra for four years Fifty Lacs only) for one & a half Chaudhary Thousand months only)
26. Kamal Patel 407 of Rigorous ₹7,00,000/- ₹6,50,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Six Imprisonment Ramchandra for four years only) Fifty Thousand for one & a half Patel Lacs only) months
27. Jagdish S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri Heeralal the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment for four years Fifty Lacs only) for one & a half Thousand months only)
28. Bhagirath S/o 407 of Rigorous ₹16,00,000/- ₹15,00,000/- Rigorous Shri the IPC Imprisonment (Sixteen Lacs (Rupees Fifteen Imprisonment Ghasiram for four years Only) Lacs only) for one & a half months
29. Kailash S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lacs (Rupees Seven Imprisonment Lakshminara for four years Fifty Lacs only) for one & a half yan Thousand months only)
30. Rajendra S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri Ishwarlal the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment for four years Fifty Lacs only) for one & a half Thousand months only)
31. Manoj S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Rambaksha for four years Fifty Lacs only) for one & a half Thousand months only)
32. Pawan Singh 407 of Rigorous ₹12,00,000/- ₹11,00,000/- Rigorous S/o Shri the IPC Imprisonment (Twelve Lacs (Rupees Eleven Imprisonment Harisingh for four years only) Lacs only) for one & a half months
33. Chhaganlal 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lacs (Rupees Seven Imprisonment Hajarilal for four years Fifty Lacs only) for one & a half Thousand months only)
34. Kailash S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM NEUTRAL CITATION NO. 2025:MPHC-IND:37634 21 Shri the IPC Imprisonment (Seven Lacs (Rupees Seven Imprisonment Shivjiram for four years Fifty Lacs only) for one & a half Chaudhary Thousand months only)
35. Govind S/o 407 of Rigorous ₹6,50,000/- ₹6,00,000/- Rigorous Shri Shriram the IPC Imprisonment (Six Lacs (Rupees Six Imprisonment Chaudhary for four years Fifty Lacs only) for one & a half Thousand months only)
36. Shekhar S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Gaurishankar for four years Fifty Lacs only) for one & a half Mandloi Thousand) months
37. Ashok Kumar 407 of Rigorous ₹6,50,000/- ₹6,00,000/- Rigorous S/o Shri the IPC Imprisonment (Six Lacs (Rupees Six Imprisonment Kantilal Patel for four years Fifty Lacs only) for one & a half Thousand months only)
38. Kamal Singh 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Ramsingh for four years Fifty Lacs only) for one & a half Darbar Thousand months only)
39. Jeevan Singh 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Padamsingh for four years Fifty Lacs only) for one & a half Thousand months only)
40. Chatarsingh 407 of Rigorous ₹15,00,000/- ₹14,00,000/- Rigorous S/o Shri the IPC Imprisonment (Fifteen Lacs (Rupees Imprisonment Ratan Singh for four years only) Fourteen Lacs for one & a half only) months
41. Pooransingh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Sukhram the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Singh for four years Fifty Lacs only) for one & a half Thousand) months
42. Rajesh S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Indersingh the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Nagar for four years Fifty Lacs only) for one & a half Thousand) months
43. Saudan Singh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ramsingh for four years Fifty Lacs only) for one & a half Chauhan Thousand) months
44. Jeevan Singh 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Parvatsingh for four years Fifty Lacs only) for one & a half Thousand months only)
45. Surendra 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Singh S/o the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri for four years Fifty Lacs only) for one & a half Samandarsing Thousand) months h Rajput
46. Dinesh Singh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Parvatsingh for four years Fifty Lacs only) for one & a half Bair Thousand) months
47. Shammi 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM Kumar S/o the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri Biharilal for four years Fifty Lacs only) for one & a half Chaudhary Thousand) months
48. Sunil S/o Shri 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Biharilal the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Patel for four years Fifty Lacs only) for one & a half Thousand months only)
49. Satyanarayan 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Babulal for four years Fifty Lacs only) for one & a half Thousand) months
50. Manohar S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Jagannath for four years Fifty Lacs only) for one & a half Patel Thousand months only)
51. Subhash S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Parmanand for four years Fifty Lacs only) for one & a half Patel Thousand) months
52. Radheshyam 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Gaurishankar for four years Fifty Lacs only) for one & a half Patel Thousand months only)
53. Murari Lal 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Bapuji for four years Fifty Lacs only) for one & a half Chaudhary Thousand) months
54. Lakhan Singh 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous S/o Shri the IPC Imprisonment (Four Lacs (Rupees Four Imprisonment Dariyav for four years Fifty Lakh only) for one & a half Singh Thousand months Mandloi only)
55. Manoharlal 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Atmaram for four years Fifty Lacs only) for one & a half Thousand) months
56. Manoj S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri the IPC Imprisonment (Eight Lacs (Rupees Eight Imprisonment Madanlal for four years Fifty Lacs only) for one & a half Khati Thousand months only)
57. Babulal S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Madanlal for four years Fifty Lacs only) for one & a half Patel Thousand) months
58. Tej Singh S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Sewajiram for four years Fifty Lacs only) for one & a half Patel Thousand) months
59. Harinarayan 407 of Rigorous ₹6,50,000/- ₹6,00,000/- Rigorous S/o Shri the IPC Imprisonment (Six Lacs (Rupees Six Imprisonment Umraosingh for four years Fifty Lacs only) for one & a half Thousand months only)
60. Rajendra S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM NEUTRAL CITATION NO. 2025:MPHC-IND:37634 23 Mohanlal for four years Fifty Lacs only) for one & a half Barnasiya Thousand) months
61. Maheshchand 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous ra S/o Shri the IPC Imprisonment (Four Lacs (Rupees Four Imprisonment Babulal for four years Fifty Lakh only) for one & a half Barnasiya Thousand months only)
62. Kamalsingh 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Babulal for four years Fifty Lacs only) for one & a half Barnasiya Thousand months only)
63. Anokhilal S/o 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous Shri the IPC Imprisonment (Four Lacs (Rupees Four Imprisonment Ramratan for four years Fifty Lakh only) for one & a half Thousand months only)
64. Pawan 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Kumar S/o the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri Jagdish for four years Fifty Lacs only) for one & a half Khati Thousand) months
65. Prahlad Singh 407 of Rigorous ₹4,50,000/- ₹4,00,000/- Rigorous S/o Shri the IPC Imprisonment (Four Lacs (Rupees Four Imprisonment Balwant for four years Fifty Lakh only) for one & a half Singh Bhati Thousand months only)
66. Maan Singh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Dariyav for four years Fifty Lacs only) for one & a half Singh Thousand) months Saindhav
67. Nanuram S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri Laxman the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Mandloi for four years Fifty Lacs only) for one & a half Thousand) months
68. Rupesh S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri Babulal the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Mandloi for four years Fifty Lacs only) for one & a half Thousand months only)
69. Kamalsingh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ghasiram for four years Fifty Lacs only) for one & a half Saindhav Thousand) months
70. Arvind Singh 407 of Rigorous ₹6,50,000/- ₹6,00,000/- Rigorous S/o Shri the IPC Imprisonment (Six Lacs (Rupees Six Imprisonment Bhairasingh for four years Fifty Lacs only) for one & a half Saindhav Thousand months only)
71. Tej Singh S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Karnasingh for four years Fifty Lacs only) for one & a half Badwana Thousand months only)
72. Chain Singh 407 of Rigorous ₹8,00,000/- ₹7,50,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lacs (Rupees Seven Imprisonment Bapusingh for four years only) Lakh Fifty for one & a half Badwana Thousand only) months
73. Chandan 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM Singh S/o the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Shri Devilal for four years Fifty Lacs only) for one & a half Amalvatiya Thousand months only)
74. Bansisingh 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ambaram for four years Fifty Lacs only) for one & a half Thousand) months
75. Rameshchand 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous ra S/o Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ramkaran for four years Fifty Lacs only) for one & a half Thousand) months
76. Harinarayan 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous S/o Shri the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Ramchandra for four years Fifty Lacs only) for one & a half Patel Thousand months only)
77. Tej Singh S/o 407 of Rigorous ₹8,50,000/- ₹8,00,000/- Rigorous Shri Heeralal the IPC Imprisonment (Eight Lakh (Rupees Eight Imprisonment Nagar for four years Fifty Lacs only) for one & a half Thousand months only)
78. Kedar S/o 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Shri the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Ramprasad for four years Fifty Lacs only) for one & a half Chaudhary Thousand) months
79. Kantilal S/o 407 of Rigorous ₹8,00,000/- ₹7,50,000/- Rigorous Shri the IPC Imprisonment (Eight Lacs (Rupees Seven Imprisonment Ramprasad for four years only) Lakh Fifty for one & a half Thousand only) months
80. Basant 407 of Rigorous ₹7,50,000/- ₹7,00,000/- Rigorous Kumar S/o the IPC Imprisonment (Seven Lakh (Rupees Seven Imprisonment Shri Sitaram for four years Fifty Lacs only) for one & a half Maheshwari Thousand) months
24. Accordingly, this criminal appeal is partly allowed.
25. A copy of this judgment be supplied to the appellant through concerned jail. Supersession warrant be prepared accordingly.
26. The record of the trial court be remitted back.
Certified copy as per rules.
(GAJENDRA SINGH) JUDGE VS Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Dec-25 2:16:06 PM