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

HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN

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ON THE 19 OF FEBRUARY, 2026 CRIMINAL APPEAL No. 120 of 2022 BAIN BAHADUR @ BENNU BAIGA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Kautubh Singh - Advocate for the appellant.

Shri Manas Mani Verma - Government Advocate for the respondent/State.

Reserved on : 29.01.2026 Pronounced on : 19.02.2026 JUDGMENT Per: Justice Ratnesh Chandra Singh Bisen This criminal appeal has been filed by the appellant, being aggrieved by the judgment dated 29.12.2021, passed by the learned First Additional Sessions Judge, Shahdol, District Shahdol, District-Shahdol in Sessions Trial No.72/2021, whereby the appellant has been convicted under Section 302 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life along with a fine of Rs.5,500/-.

2. The prosecution case, in brief, is that on 27.10.2020, the complainant Rajni Baiga's father, Shanicharu Baiga, was going from his house on a motorcycle at about 03.30 pm to purchase rice from a shop. On the way, he met former Sarpanch Baladin Baiga, whom he gave a lift. While returning towards the colony, the motorcycle allegedly hit Dasiya Bai, the mother of the accused Binnu Baiga, causing her to fall. Thereafter, Rajni Baiga’s mother went home and informed her brother. Rajni’s mother started cooking food, while her two brothers went to graze cattle. At about 04:00 pm, Rajni Baiga and her father were collecting cow dung in the cowshed. At that time, the accused Binnu Baiga came there carrying a tangia (axe) and questioned Shanicharu Baiga as to why he had hit his mother with the motorcycle. Shanicharu Baiga replied that it was accidental.

3. At that moment, the accused assaulted Shanicharu Baiga by striking him on the chest and back with the handle of a tangia (axe). When Shanicharu Baiga turned around, the accused again assaulted him near his left eye. When Rajni Baiga attempted to intervene, the accused struck her on her left thigh with the handle of the tangia. Rajni Baiga ran away screaming and informed her mother, Parvati Baiga. When Parvati Baiga reached the spot, the accused had already fled. Shanicharu Baiga was found lying dead at the spot. The prosecution alleged that his death occurred as a result of the assault committed by the accused. The complainant, Rajni Baiga, lodged a Dehati Nalishi (Ex.P/1), which was recorded by Sub-Inspector R.K. Gaigwal (PW-14).

4. On the basis of the Dehati Nalishi, Sub-Inspector R.K. Gaigwal registered a merg intimation under Section 174 of the Cr.P.C. (Ex.P/2) at the spot. On the same information, Head Constable Lalmani Singh (PW-13) registered Crime No. 400/2020 under Section 302 of the IPC at Police Station Jaitpur and prepared the FIR (Ex.P/16). The Investigating Officer prepared the inquest panchnama (Ex.P/5) and sent the dead body for post- mortem examination vide corpse panchnama (Ex.P/7). Dr. Virendra Parte (PW-10) conducted the post-mortem examination at the Primary Health Centre, Jaitpur, and opined that the deceased had died within 24 hours due to cardio-respiratory failure resulting from the injuries sustained, as per report Ex.P/13. The spot map was prepared (Ex.P/3). On the basis of the memorandum statement of the accused (Ex.P/9), the weapon allegedly used in the commission of the offence was seized vide seizure memo (Ex.P/10). The accused was arrested vide arrest memo (Ex.P/11). Statements of witnesses were recorded. Upon completion of the investigation, the charge- sheet was filed before the Court of the Judicial Magistrate First Class, Jaitpur.

5. As the offence under Section 302 of the IPC is exclusively triable by the Court of Sessions, the case was committed under Section 209 of the Cr.P.C. to the Court of Sessions, Shahdol, from where it was transferred to the concerned trial court for disposal in accordance with law.

6. The accused was charged under Sections 302 and 323 o