IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL &

HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY ON THE 10^th OF DECEMBER, 2025 CRIMINAL APPEAL No. 423 of 2025 NIKHIL THAKUR Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Siddharth Datt - Advocate for the appellant.

Shri Ajay Tamrakar - Government Advocate for the respondent/State.

WITH CRIMINAL APPEAL No. 840 of 2025 ABHISEKH VISHWAKARMA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Anil Kumar Namdeo - Advocate for the appellant.

Shri Ajay Tamrakar - Government Advocate for the respondent/State.

ORDER Per: Justice Vivek Agarwal Both these Criminal Appeals are filed being aggrieved of the judgment dated 20.12.2024 passed by learned Sessions Judge, Bhopal in Sessions Trial No. 267 of 2022, whereby learned trial Court has convicted both the appellants under Section 302 read with Section 34 of Indian Penal Code and has sentenced them with Rigorous Imprisonment for life and fine of Rs.1,000/- each with default stipulations of rigorous imprisonment for six months.

2. Shri Anil Kumar Namdeo, learned counsel for the appellant submits that, as far as Abhishek Vishwakarma (appellant in CRA No.840 of 2025) is concerned, he is innocent and in the evidence of the so called eyewitness, his name has not been taken, but he was subjected to Dock Identification after a long gap which is not an admissible part of the evidence, whereas it is submitted that, he being innocent and there being no DNA report pertaining to Abhishek Vishwakarma, as can be seen from Ex.P-38 which reveals that, T-Shirt and lower of Nikhil Thakur (appellant in CRA No. 423/2025) as were produced by his brother Mohit were matched with the samples of the deceased and in that matching, it was found that T-Shirt (Ex.-A; D/6068-I) reveals DNA Profile which matches with the source Shirt (Ex.-B; D/6069-I). Similarly it is mentioned that, Ex.E T-shirt of Nikhil Thakur revealed mixed DNA Profile which was present on the source shirt of the deceased. Similarly, knife recovered at the instance of Nikhil Thakur (Ex.-F) contained similar DNA Profile as was obtained from the blood found on the shirt of the deceased and therefore, it is submitted that, as far as appellant Abhishek Vishwakarma is concerned, its a case of false accusation and incorrect conviction.

3. Shri Siddharth Datt, learned counsel for the appellant Nikhil Thakur (in CRA No. 423/2025) in his turn submits that Smt. Laxmi Rajak (PW-3) stated that her marriage was performed with one Hukum Singh, R/o Rajgarh. She has three children from that marriage. Hukum Singh entered into subsequent wedlock and had snatched her children, therefore, she had shifted to Bhopal and had married with one Lakhan. She was working as a Labourer and if work was not available, then she used to indulge in prostitution.

4. Thereafter, it is stated that, on 2^th December, last year, she had visited Hamidia Road accompanied with Hemant. Hemant asked her for liquor, when both had gone to the liquor shop, when accused persons had reached the place of the incident at liquor shop and asked for money. Then, in para-5 this witness stated that the person in Pink T-shirt had stabbed Hemant. When name of the accused in Pink T-shirt was asked, then he gave his name to be Abhishek, then, it was alleged that accused Abhishek had caused injury to the throat of Hemant as a result of which he had fallen down.

5. Thus, it is submitted that the main accused is Abhishek and present appellant Nikhil Thakur has been falsely implicated.

6. It is also submitted that, in the alternate since dispute took place at the spur of moment, conviction may be altered from one under Section 302 IPC to Section 304 IPC.

7. Shri Ajay Tamrakar, learned Government Advocate opposes the prayer and submits that the impugned judgment does not call for any interference in as much as presence of both the accused persons is proved and therefore, there is no scope for any indulgence.

8. After hearing learned counsel