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

HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY ON THE 8th DECEMBER 2025 CRIMINAL APPEAL NO.1095 OF 2025 RAGHUVEER YADAV.

Vs.

STATE OF MADHYA PRADESH.

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Appearance:

Shri Ashok Kumar Koshta, Advocate for the appellant.

Ms. Shweta Yadav, Deputy Advocate General for the respondent-State.

JUDGMENT

Per: Justice Ramkumar Choubey:

Albeit, the matter is listed for consideration of IA No.3902/2025, which is an application for suspension of sentence and grant of bail to the appellant, however, rather pressing on the said application, learned counsel for the parties concur to argue the matter finally. Thus, it is heard finally.

2. This criminal appeal under Section 415 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”), 2023 has been filed by the appellant assailing the impugned judgment dated 12.12.2024 passed by the Sessions Judge, Jabalpur in ST No.392/2019 thereby convicting the appellant under Sections 302 and 201 of IPC and sentencing him to suffer life imprisonment & fine of Rs.100/-

and RI for seven years & fine of Rs.100/-respectively with default stipulations.

3. The facts of the case, in a nutshell, are that Sub-Inspector B.L. Navreti posted at Police Station Tilwara received an information from Sarpanch Raghunath Singh Marappa that an unidentified, unclothed woman was discovered deceased in a drain located at Chintu Bhavariya’s plot. On receiving such information, he proceeded to the scene with his team, confirmed the discovery of the corpse and he registered a Marg Intimation No.0/19 under Section 174 of Cr.P.C.

3.1 Thereafter a regular Marg Intimation under Section 174 Cr.P.C. bearing No.22/2019 was registered on 30.04.2019 at Police Station Tilwara. The matter was investigated during which Naksha Panchayatnama (Ex.P-3) of the corpse and spot-map (Ex.P-2) were prepared. The photographs of the corpse were taken. The blood stained soil and plain soil were collected from the spot. The dead body of the deceased was sent for autopsy. It also came to surface during investigation that prior to the recovery of the dead body, on 27.04.2019 a girl aged around two years was found at Village Rampur Nakatiya within the territorial jurisdiction of police station Tilwara. The information was circulated to all Police Stations of District Jabalpur. After the medical examination, the girl child was handed over to the Child Line Officer Violet Lewis. The police has also seized a frock of an unknown child with blood stains on 27.04.2019. Thereafter the blood sample of the girl child for DNA examination was collected. The articles collected during the postmortem of the deceased and also the blood sample of the girl child were sent for examination to the FSL, Sagar.

3.2 The police statements of the witnesses were recorded. The statement of Ramesh Prasad Vishwakarma (PW-4) and Ehsan Khan (PW-5) were also recorded under Section 164 of Cr.P.C. and on that fulcrum, the appellant was found liable for homicidal death of the deceased. He was taken into custody and his memorandum was recorded and in pursuance to the information given by the accused, certain articles like clothes, screwdriver, motor-bike etc. were recovered from possession of the appellant. His blood sample was also taken for DNA examination. As per the DNA examination report, the girl child was found to be a biological child of the deceased and the appellant. One Ranu Yadav, who happens to be a sister of the deceased was also interrogated and blood sample was collected for DNA examination and DNA examination revealed that Ranu Yadav is a biological relative of the deceased and the deceased was identified as wife of the appellant. The viscera material of the deceased was also sent for chemical examination to the FSL, Gwalior.

4. After completion of investigation, a final report was submitted to the Court of Judicial M