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

HON'BLE SHRI JUSTICE AJAY KUMAR NIRANKARI

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ON THE 13 OF OCTOBER, 2025 CRIMINAL APPEAL No. 1781 of 2014 SHYAM BAHADUR SAHU Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Ram Prakash Yadav - counsel for the appellant Shri Yash Soni – Dy.Advocate General for the respondent-State Heard on – 06/08/2025 Pronounced on –27/10/2025 JUDGEMENT Per: Justice Vivek Kumar Singh The present appeal has been filed by the appellant under section 374 (2) of the Criminal Procedure Code, against the judgement dated 22.05.2014 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Rewa, in special case no.58/2010, whereby the appellant has been convicted under Section 302/34 of IPC and sentenced to undergo RI for Life and fine of Rs.1,000/- with default stipulations.

2. Brief facts in short for adjudication are that on 03.08.2010, at around 10:00 PM, Brahspati Kol and Kamlesh were returning to their homes from Jagdish Pateriya’s shop. When they reached in front of the house of accused Shyam Bahadur Jaiswal, they heard a familiar voice. They immediately proceeded to the source of noise that was the house of co-accused Munnalal, where they observed that the hands of Brahspati’s brother, Nand Kishore, were tied with a rope. Munnalal and the present appellant were assaulting him with an axe and Neeta Sahu, wife of Munnalal, was also beating him. When Brahspati and Kamlesh attempted to intervene, all the accused persons abused them filthily and also tried to assault, then they fled away from the spot. On the way, they met with Haridas, Prabhu, and Brahspati’s brother Kallu. They all again reached to the place of incident and saw that accused persons were throwing Nand Kishore’s body behind Munnalal’s house. They also found that Nand Kishore was dead at that time.

3 . On the complaint of Brahspati, FIR bearing crime no. 181/2010 was registered at Police Station, Hanumana District Rewa, under Sections 302/34 IPC read with Sections 3(2) and 3(5) of the Prevention of SC/ST Atrocities Act and police started investigation.

4. During the investigation, dead body was recovered, and post-mortem was conducted. Thereafter, spot map was prepared, and blood-stained soil, clothes of the accused and the deceased, an axe, nylon rope, and other relevant articles were seized and sent for chemical analysis. Statements of witnesses under Section 161 Cr.P.C. were also recorded. The post-mortem report opined that the deceased died due to shock resulting from head injury, which is homicidal in nature. The FSL report obtained was inconclusive; consequently, the seized samples were sent for DNA analysis, and DNA test report was also subsequently received.

5 . After completing the investigation, the police submitted charge-sheet before the Special Court under the SC/ST Act, District Rewa (MP) alleging that deceased, Nand Kishore Kol, who had worked as a security guard at a firm in Kerala, had returned to his native village about two months prior. The deceased allegedly had an illicit relationship with the accused Neeta Sahu (wife of Munnalal), due to which he used to regularly visit Munnalal’s house. On the date of the incident, Munnalal invited the deceased for dinner, and when he arrived, the accused persons tied him with a rope and assaulted with an axe. The deceased’s brother and other eyewitnesses seen the incident.

6. After committal, criminal case was registered bearing ST No. 58/2010 for trial. The learned Trial Court framed charges against the accused under Sections 302 and 302/34 of IPC. The accused persons denied for commission of the alleged offences.

7. During the pendency of the trial, co-accused Smt. Neeta Sahu passed away; consequently, the appeal against her was abated, and her name was deleted from the cause title.

8. The learned Trial Court, after properly appreciating the oral and documentary evidence on record, vide its