Madhya Pradesh High Court
Sadhulal Vishwakarma vs The State Of Madhya Pradesh on 11 March, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2026:MPHC-JBP:19445
1 CRA-1004-2026
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 11th OF MARCH, 2026
CRIMINAL APPEAL No. 1004 of 2026
SADHULAL VISHWAKARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Harsh Narayan Verma - Advocate for appellant.
Mr. Abhishek Singh - Government Advocate for State.
WITH
CRIMINAL APPEAL No. 1252 of 2026
PAPPU @ ASHOK KUMAR GUPTA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Vivek Shula - Advocate for appellant.
Mr. Abhishek Singh - Government Advocate for State.
JUDGMENT
(DICTATED IN OPEN COURT) Per: Justice Vivek Agarwal Mr. Vivek Shukla prays for withdrawal of I.A. No.2844 of 2026.
Accordingly, I.A. No.18782/2025 is dismissed as withdrawn.
With the consent of learned counsel for the parties, the matters are heard finally.
Signature Not Verified Signed by: APARNA TRIPATHI Signing time: 13-03-2026 15:41:44NEUTRAL CITATION NO. 2026:MPHC-JBP:19445 2 CRA-1004-2026 Since both these appeals arise out of common judgment, therefore, the same are disposed of by this common judgment.
These criminal appeals under Section 374(2) of the Cr.P.C. is filed by the appellants being aggrieved of the judgment dated 19.01.2026 passed by the learned Third Additional Sessions Judge, Satna, District-Satna (MP) in S.T. No.325 of 2021 whereby the learned trial Court has convicted each of the appellant under Sections 450. 302 and 323 of the Indian Penal Code and sentenced them to undergo R.I. for 07 years, Life imprisonment and R.I. for 06 months along with fine of Rs.5,000/- and Rs.1,000/- respectively with default stipulations of one year R.I. and one month each respectively.
2. Learned counsel for the appellants submits that present is a case of sudden altercation. As per the prosecution story, on 23.06.2014 at about 03:30 pm, deceased Raju Kushwaha was sitting with his wife Sushila Kushwaha (PW-3) and daughter Durga Kushwaha (PW-4) in his house, then Pappu Gupta, Sadhu Vishwakarma, Bablu Choudhary and one friend of Pappu came to their house, armed with lathi danda and started abusing him saying that Raju is guilty of getting news items published against them. It is alleged that on such altercation, Pappu Gupta had hit lathi on the head of Raju, as a result of which, Raju started bleeding from the head and had fallen down, then it is alleged that Sadhu Vishwakarma had caused injuries with a lathi to the victim Raju. Thereafter, Raju was taken to the hospital. FIR was lodged registering case Crime No.685 of 2014 under Sections 452, 294, 324, 323 of the Indian Penal Code is available on record as Exhibit-P/39. It is an Signature Not Verified Signed by: APARNA TRIPATHI Signing time: 13-03-2026 15:41:44 NEUTRAL CITATION NO. 2026:MPHC-JBP:19445 3 CRA-1004-2026 admitted fact that on 28.06.2024 Raju died at Sarvodaya Hospital, Jabalpur, when Marg No.0 of 2014 was registered.
3. Reading from the evidence of MLC doctor namely, Dr. Atik Khan (PW-8) and doctor of post-mortem namely, Dr. Satish Bhaya (PW-9) and Dr. Rajesh Agrawal (PW-10) of Sarvodaya Hospital, Jabalpur, it is pointed out that the injury which turned out to be fatal was one caused on the head of the deceased on left hand side measuring 5 x 1 cm resulting in blood loss. It is submitted that other two injuries were abrasions on both the elbows and pain coupled with swelling on right hand. Thus, it is pointed out that in a sudden altercation when incident took place, then conviction under Section 302 of the Indian Penal Code is not sustainable inasmuch as appellants had no intention to cause death but may have had knowledge about consequences.
4. Mr. Abhishek Singh, learned Government Advocate, in his turn, opposes prayer and submits that its a case of murder, and therefore, no indulgence is required to be shown.
5. At this stage, Mr. Abhishek Singh also submits that contrary to the Dehati Nalishi and the 161 statements recorded at the instance of Raju as contained in Exhibit-P/42 and Exhibit-P/43 respectively, prosecution witnesses, Sushila Kushwaha (PW-3) and Durga Kushwaha (PW-4) have given a contrary statements and have given clean chit to appellant Pappu Gupta, but that will not have any precedence over the statements given by Raju himself, inasmuch as, they can be treated as dying declarations. Thus, it Signature Not Verified Signed by: APARNA TRIPATHI Signing time: 13-03-2026 15:41:44 NEUTRAL CITATION NO. 2026:MPHC-JBP:19445 4 CRA-1004-2026 is submitted that no interference is called for in the impugned judgment of conviction and sentence.
6. After hearing learned counsel for the parties and going through the record, (Exhibit-P/41) is the dehati nalishi. In exhibit-P/41, recorded by Raju Kushwaha, who later on died, it is mentioned that four persons had come to his house on 23.06.2014 at 15:30 hours. This report was lodged at 18:50 hours at District Hospital Satna. As per this report, the injury which was caused on head is attributed to Ashok @ Pappu Gupta. Other injury caused on non-vital part is attributed to Sadhulal Vishwakarma. Sushila Kushwaha (PW-3) and Durga Kushwaha (PW-4) have changed their version and were declared hostile qua Pappu @ Ashok Kumar Gupta.
7. However, the version of the deceased Raju, who had lodged dehati nalishi (Exhibit - P41) and also his 161 statement recorded promptly as contained in Exhibit-P/42 can be treated as dying declarations. There is no material to contradict those dying declarations and in fact, they are corroborative in nature.
8. Dr. Atik Khan (PW-8), who had conducted MLC at District Hospital Satna as an Emergency Medical Officer found three injuries, one on head which was 5 x 1 cm long and was bleeding whereas, another was in the form of abrasions on both the elbows and third was complaint of pain and swelling in right hand. Doctor has corroborated the version of Raju, who had himself informed the doctor that said injuries were caused by hard and blunt object at about 03:00 pm at his house. Doctor opined that those injuries were Signature Not Verified Signed by: APARNA TRIPATHI Signing time: 13-03-2026 15:41:44 NEUTRAL CITATION NO. 2026:MPHC-JBP:19445 5 CRA-1004-2026 caused within 3 to 4 hours of the incident and were simple in nature. MLC report is exhibit-P/17.
9. In cross-examination, Dr. Atik Khan admitted that those injuries could have been caused on account of some accident but Dr. Satish Bhaya (PW-9), who was one of the members who had conducted post-mortem at Medical College Jabalpur had stated that he had found one huge contusion measuring 12 x 9 inch on the right hand side of the waist extending towards lower portion of buttock, second injury was another contusion measuring 8 x 4 cm on the lower side of the chest and third injury was a huge contusion measuring 16 x 7 cm on left side of the waist extending towards the buttock. On internal examination, he had found fracture on parietal bone of head on both sides. In his opinion, cause of death was coma caused due to head injuries. All the injuries were caused by hard and blunt object. This doctor denied a suggestion that said injuries could have been caused on account of fall. He clarified that since injuries were on both the sides of the body, on fall such injuries could have been contacted.
10. Dr. Rajesh Agrawal (PW-10) stated that when Raju was admitted in Sarvodaya Hospital on 24.06.2014. He was unconscious. In cross- examination, this doctor admitted that said injuries could have been contacted on account of an accident, but there is no material on record to contradict or create doubt as to the story narrated by injured Raju Kushwaha as contained in dehati nalishi (Exhibit-P/41) and his 161 statement (Exhibit- P/42).
Signature Not Verified Signed by: APARNA TRIPATHI Signing time: 13-03-2026 15:41:44NEUTRAL CITATION NO. 2026:MPHC-JBP:19445 6 CRA-1004-2026
11. When all these facts are taken into consideration, then in the light of the judgment laid down by the Hon'ble Apex Court in Jugut Ram Vs. State of Chhattisgarh, (2020) 9 SCC 520, and also looking to the fact that there was no intention to cause death but appellants had knowledge that their act may cause death, case of appellants will fall under Exception 4 to Section 300 of the Indian Penal Code. Accordingly, we alter the conviction of the appellants from one under Section 302 of the Indian Penal Code to Section 304 (Part-II) read with Section 34 of the Indian Penal Code and direct each of them to undergo R.I for 07 years and to pay a fine of Rs.5,000/- with default stipulation of R.I. for 01 year. Their conviction under Sections 450 and 323 of the Indian Penal Code is maintained. All the sentences to run concurrently.
12. Accordingly, the criminal appeals filed by the appellants are allowed in part to the extent indicated above. Record of the trial Court be sent back immediately. Pending application(s), if any, also stand disposed of. (VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN) JUDGE JUDGE julie Signature Not Verified Signed by: APARNA TRIPATHI Signing time: 13-03-2026 15:41:44