Table of Content
1. procedural history and prosecution's factual case regarding a murder conviction. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. appellate arguments regarding the sufficiency of evidence and section 106 applicability. (Para 7 , 8)
3. court's interpretation of section 106 burden of proof in private house murders. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
4. application of established legal burden and circumstantial analysis to the specific case. (Para 19 , 20 , 21 , 22 , 23 , 24)
5. concluding judgment upholding the conviction. (Para 25 , 26 , 27 , 28)

Judgment on Board

Per Ramesh Sinha , Chief Justice

15/04/2026

1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 25.02.2022 passed by the Additional Sessions Judge, Pendra Road, District Bilaspur in Sessions Case No.15/2020, by which the appellant herein has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.100/-, in default of payment of fine, to further undergo RI for 15 days.

2. Case of the prosecution, in brief, is that on 29.04.2020, information regarding the murder of deceased Anita Rathore was given to the Station House Officer, Gaurela, by Bharthari Ekka. The Station House Officer, Gaurela, reached the spot and, as stated by Bharthari Ekka, registered a rural merg intimation. On the basis of the said rural merg intimation, Merg Case No. 11/2020 was registered at Police Station Gaurela, and a First Information Report (Exhibit P-19) was registered against the accused. Spot map was prepared by the investigating officer vide Ex.P-1. Patwari also prepared the spot map vide Ex.P-2. Inquest was prepared over the body of the deceased vide Ex.P-5. Memorandum statement of the appellant was recorded vide Ex.P 7. Bloodstained soil, plain soil and brick stains with blood were seized from the spot vide Ex.P-8. Knife stains with blood and sando baniyan stains with blood were seized from the appellant vide Ex.P-9. The appellant was arrested on 30.04.2020 vide arrest memo Ex.P-10. Dead body of the deceased was sent for postmortem to the MCH Senetorium Gourela vide Ex.P-13A where Dr.Bhagwan Singh Paikra (PW-10) conducted postmortem over the body of the deceased and found following injuries:-

(i) There was a 10x1cm cut on her neck, caused by a sharp object.

(ii) Another 10x1cm cut on her neck, which severed her windpipe.

The doctor has opined that cause of death is cut oof trachea & respiratory tract and blood vessels. Seized articles were sent for FSL and as per FSL report (Ex.P-24), “O” blood group was found on brick Article C seized from the spot and Article D knife seized from the appellant.

3. After completion of the entire investigation, a charge-sheet under Section 302 of the Indian Penal Code was filed before the Judicial Magistrate First Class, Pendra Road, District Bilaspur (C.G.), from where the case was committed on 28.11.2020 to the Court of Additional Sessions Judge, Pendra Road.

4. Charges under Section 302 IPC were framed against the accused, read over and explained to him, to which he denied the allegation and claimed false implication. In his statement under Section 313 CrPC, the accused stated that he is innocent and has been falsely implicated. The accused did not lead any defence evidence.

5. On behalf of the prosecution, the statements of the following witnesses were recorded before the court: Bharthari Ekka (PW-1), Mohan Singh Rathore (PW-2), Ganesh Prasad Rathore (PW-3), Ghanshyam Adil (PW-4), Rajkumar Rathore (PW-5), Jeevan Yadav (PW-6), Ramsingh Rathore (PW-7), Anju Bai Rathore (PW-8), Chhotelal (PW-9), Dr. Bhagwan Singh Paikara (PW-10), Varun Lal Sahu (PW-11), Chhatrapal Singh Maravi (PW-12), and Amit Patle (PW-13).

6. The trial Court upon appreciation of oral and documentary evidence available on record, by its judgment dated 25.02.2022, convicted the appellant for offence under Section 302 of the

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