MADHYA PRADESH HIGH COURT ISSUES JUDGEMENT FOR MADHU YADAV V/S THE STATE OF MADHYA PRADESH

JABALPUR, India, May 26 -- Madhya Pradesh High Court issued the following judgment/order on April 23:

1. These appeals are filed on behalf of the convicted appellants, viz., Santosh Ahirwar S/o Santu Ahirwar, Sohil @ Bhuru @ Amit S/o Hidayat Khan, Monu Uike (Thakur) S/o Dhunu Uike (Thakur), Mohan Patel S/o Tarapad Patel, Madhu Yadav S/o Prahlad Yadav, Manish Yadav S/o Thamman Singh Yadav, Rajkumar Patel S/o Ravishankar Patel, Nitesh @ Jattu Vanshkar S/o Prakash Vanshkar, Kalyan Patel S/o Komal Singh Patel and Ramji Patel S/o Tikaram Singh Patel who are aggrieved by the judgment dated 31.08.2012 passed by I Additional Judge to the Court of I Addl. Sessions Judge, Narsinghpur in Session Trial No. 40/2010 convicting the appellants under Sections 120-B, 147, 364 read with 149, 302 read with 149 of Indian Penal Code and sentenced them to Life Imprisonment, R.I. for two years, Life Imprisonment and Life Imprisonment and fine of Rs.1,000/-, nil, Rs.1,000/- and Rs.1,000/- with default stipulations. It is submitted by Shri Jagat Dehariya that in Cr.A No. 2139/2012 Appellant No. 1 Babu @ Rajendra Thakur S/o of Durga Prasad Thakur died on 17.4.2025, for which a death certificate is issued by the Netaji Subhash Chandra Bose Medical College, Jabalpur. Same is taken on record. Cr.A No. 2139/2012 stands abated qua Appellant No. 1 Babu @ Rajendra Thakur. It is also submitted that Appellant No. 6 Kalyan Patel and Appellant No. 7 Ramji Patel have been deleted vide order dated 9.1.2024 as they completed their sentence.

2. It has come on record that one of the appellants, viz., Babu @ Rajendra Thakur is dead and, therefore, his name was already directed to be deleted. It has also come on record that Kalyan Patel and Ramji Patel have completed their Life Imprisonment and have been released from jail.

3. It is submitted by learned counsel for the appellants that prosecution case in short is that on 31.10.2009 at about 10:50 p.m. Ward Boy Kamal Singh, Community Health Centre, Gotegaon had approached Police Station, Gotegaon with a written complaint that at about 10:20 p.m. Ajay Rai S/o Narendra Rai aged about 24 years was brought to Govt. Hospital Gotegaon where on examination he was found dead. On the basis of said information merg intimation was registered and investigation was started.

4. It is not in dispute that on the basis of such merg investigation F.I.R (Ex. P-35) was registered on 1.11.2009 at the instance of Constable Ramkishan Choudhary No. 251 against three persons, viz., Mohan Patel, Kalyan Patel and Arti Patel. It has come on record that Arti Patel committed suicide and is no more.

*Rest of the document can be viewed at: (https://mphc.gov.in/storage/upload/jabalpur/MPHCJB/2012/CRA/2011/CRA_2011_2012_FinalOrder_23-04-2026_digi.pdf)

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