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HomeHigh CourtMadhya Pradesh High CourtIn Referance vs Neelesh Prajapati on 27 February, 2026

In Referance vs Neelesh Prajapati on 27 February, 2026

Madhya Pradesh High Court

In Referance vs Neelesh Prajapati on 27 February, 2026

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                                     1

                         NEUTRAL CITATION NO. 2026:MPHC-JBP:17174
                                                        JBP:17174


                                   IN THE          HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR

                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                       &
                              HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN



                                               CRIMINAL REFERENCE No.07 of 2025
                                                       IN REFERENCE
                                                           Versus
                                                     NEELESH PRAJAPATI


                                                                APPEARANCE
                            Shri Aditya Adhikari, Senior Advocate assisted by Ms.Anannya Shree
                                                  Adhikari, Amicus Curiae
                                                                   Curiae.
                                  Shri Ajay Tamrakar,
                                            Tamrakar Government Advocate for the State.



                                               CRIMINAL APPEAL No. 10001 of 2025
                                                         ACCUSED-A
                                                            Versus
                                                THE STATE OF MADHYA PRADESH


                                                                APPEARANCE
                            Shri Ashok Lalwani, Senior Advocate assisted by Sri Aakash Lalwani
                                                                                       Lalwani,
                                                Advocate for the appellant.
                                  Shri Ajay Tamrakar,
                                            Tamrakar, Government Advocate for the State.



                                                 Date of hearing         :   28.1.2026
                                                 Date of judgment        :   27.2.2026

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
                                                                        2



                                                             JUDGEMENT

As Per : Justice Vivek Agarwal

Both these Criminal Reference No.7 of 2025 and Criminal Appeal No.10001 of

2025 originate from the judgment dated 23.8.2025 passed by learned Special Judge

(POCSO Act), Sagar in Special Case No.43/2024 whereby the accused Neelesh

Prajapati has been convicted and sentenced as under:-

                                  Conviction                                  Sentence
                                                                                           Imprisonment in lieu
                              Section       Act          Imprisonment            Fine
                                                                                                  of fine
                                        Protection of
                                        Children from
                               5(m)        Sexual        Death Penalty        Rs.500/-     R.I. for two months.
                                        Offences Act,
                                            2012
                                        Protection of
                                        Children from
                               5(n)        Sexual        Death Penalty        Rs.500/-     R.I. for two months.
                                        Offences Act,
                                            2012
                                        Indian Penal
                               366                       R.I. for 7 years     Rs.500/-     R.I. for two months.
                                         Code, 1860
                                        Indian Penal
                               302                       Death Penalty        Rs.500/-     R.I. for two months.
                                         Code, 1860

2. Brief facts leading to the present death reference and criminal appeal are that

on the night of 8-9/04/2024, the complainant/informant, who is the father of the

victim, had slept on the terrace of his house along with his wife and three daughters at

about 11:00 PM. His wife was pregnant and, therefore, was not in a position to attend

the call of nature on her own. She woke him up to escort her for the same. Upon

returning, his wife informed him that their four-year-old daughter was not on the bed.

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
3

Thereafter, he informed the villagers about the incident. The villagers, along with the

family members, searched for the missing girl during the night itself. Intimation was

also given to the police, who lodged Dehati Nalishi (Exhibit P/1) and registered

Crime No.0/24 for the offence under Section 363 of the IPC. A Dehati Guminsaan

Report was also lodged vide Exhibit P/2. On 10.04.2024 at about 11:10 AM, the dead

body of the victim was found near a Well on the medh of Dwarka, and the accused

was apprehended thereafter. A Dastyabi Panchnama was accordingly prepared.

3. On spot, Merg No.0/24 under Section 174 of the Cr.P.C was registered and the

actual Merg No.19/2024 was also registered at Police Station. Shav Panchnama and

Nazri Naksha etc were prepared. The dead body of the victim was sent to B.M.C,

Sagar for postmortem. As per postmortem report, it was found that the victim was

subjected to rape and then put to death through smothering/strangulation. The doctor

had prepared the vaginal slides, swab, nail sketching, clothes worn by her and had

prepared the seizure memo. The police had seized the sample as well as the blood

soaked soil from spot and prepared the seizure memo and thereafter a draft was sent

through the Superintendent of Police, Sagar to the State Forensic Science Laboratory,

Sagar for reporting.

4. During the search for unknown accused persons, blood samples of the father,

grandfather, uncle, and the accused were collected after duly filling in the

identification forms and ensuring proper preservation. The samples were sent for

DNA examination on 16.04.2024. The DNA report was thereafter received, and as per

the report, the DNA profile obtained from the blood sample of the accused, Neelesh

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
4

Prajapati, matched with the DNA profile obtained from the sample of the victim. The

DNA report dated 24.4.2024 is available on record as Exhibit P/42 in which it is

mentioned that the vaginal slide and swab (Exhibit-A) obtained from the victim

revealed mixed DNA profile (Y-STR), which is also available in the blood sample

(Exhibit-O) of suspect Neelesh Prajapati as can be seen from Y-STR DNA profile

obtained from his blood sample. The aforesaid report reveals that left hand nail

cutting of the victim (Exhibit-B) so also black coloured T-shirt (Stain-2) (Exhibit-C)

revealed similar Y-STR DNA profile as was obtained from the blood sample (Exhibit-

O) of suspect Neelesh Prajapati. The report also states that the DNA profile obtained

from the vaginal slide and swab (Exhibit-A) from the victim so also from her black

coloured T-shirt (Stain-2) (Exhibit-C) does not match with the blood sample of the

suspects, namely, Siyaram Prajapati (Exhibit-I), Rammilan Prajapati (Exhibit-J),

Jitendra Raikwar (Exhibit-K), Godan Prajapati (Exhibit-L), Premkumar Prajapati

(Exhibit-M) and Gotiram Prajapati (Exhibit-N).

5. Thus, it is an admitted fact that the present case is one of blind rape-cum-

murder as there was no eye-witness, who had seen the victim either in the company

of the accused being abducted by him and/or her privacy being violated at the hands

of the accused and/or the victim being smothered to death. However, upon recovery

of the dead body of the victim and after blood samples of various suspected persons

were drawn, the scientific evidence revealed that the vaginal slide, swab and the

black-coloured T-shirt of the victim disclosed the same Y-STR DNA profile as was

obtained from the blood sample of the accused Neelesh Prajapati.

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
5

6. Thus, it is evident and submitted that the present case rests on circumstantial

evidence. The DNA evidence alone is not a complete and comprehensive piece of

evidence so as to record a finding of conviction. The social audit report of Neelesh

Prajapati as submitted by the Station House Officer of Police Station Jaisinagar,

District Sagar on 20.01.2026 reveals that Neelesh Prajapati is an alcoholic and that

the conduct of his parents is cordial and social. They have no enmity or lack of

cordiality with any person in the village. Present is a case where this Hon’ble High

Court should show indulgence and, after weighing the aggravating and mitigating

circumstances, commute the death sentence to life imprisonment, taking into

consideration that the age of the accused Neelesh Prajapati is only 28 years.

7. Shri Aditya Adhikari, learned Senior Advocate, submits that there are no past

criminal antecedents against the accused. There is no evidence to show that the

accused is a habitual offender or a hardcore criminal. No injury was caused by use of

any weapon, thereby indicating that the accused did not possess a mindset of extreme

depravity. There is also no evidence to suggest that, at the time of the incident, the

accused was drunk, abusive, or violent. The dead body of the victim was found in an

open field and, since no weapon was used, present is a fit case for commutation of the

death penalty to life imprisonment. He places reliance on the judgment of the Apex

Court in Ramesh A. Naika versus The Registrar General, High Court of

Karnataka & Others 2025 SCC Online SC 575.

8. Learned Government Advocate for the State, in his turn, supports the impugned

judgment and submits that the girl in question, who became the victim of the dark

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
6

desires of the accused, was less than five years old, which is such that no human

being could have felt any arousal or compulsive inclination to commit such a

gruesome act. He submits that recently this Hon’ble High Court in Criminal Appeal

No.3732/2025 & Criminal Reference Capital No.2/2025 [Atul Nihale versus State

of Madhya Pradesh] decided on 22.1.2026 has maintained the capital punishment

of the accused. Hence, a prayer is made not to show any indulgence in the matter.

9. We have gone through the judgment of Atul Nihale versus State of Madhya

Pradesh (supra) and certain facts need to be correlated, namely, there is no eye-

witness account and secondly, the plea of the accused is that he has been falsely

implicated. His statement is that he had an enmity with Siyaram Prajapati. There was

an altercation with the police. The police had arrested him under Section 151 of the

Cr.P.C in this very matter and then the police in connivance with Siyaram Prajapati

falsely implicated him. However, the aforesaid defence may have some credibility but

the scientific evidence cannot be discarded on account of such submissions. The

postmortem report (Exhibit P/13), proved by Dr. Sudeep Kumar Sahu (PW.5), reveals

that there were multiple ant-bite marks on the body. There was a semi-circular, red-

coloured contusion on the vaginal orifice. The hymen was ruptured, but the uterus

and adnexa were normal in size. The doctor opined that the cause of death was

asphyxia, which could have been due to smothering or strangulation.

10. Dr.Sudeep Kumar Sahu (PW.5) in his cross-examination admits that the

injuries, which were found on the body of the victim, could have been attributed to

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
7

she being dragged in thorny bushes and some of the injuries were on account of the

ant bite. The ants were found inside the body of the deceased also.

11. The father of the victim (PW.1) admits that the accused was known to him. He

was visiting their house. He was residing in the same village at some distance. He

was alcoholic. He used to have altercations with his family members. 2-3 days prior

to the date of the incident, the accused had visited their house. He had woken them up

and then for the whole day he stayed there with them. At the time of lodging of the

Dehati Nalishi (Exhibit P/1) and the Missing Person Report (Exhibit P/2), the name

of Neelesh Prajapati was not taken. This witness admits that the blood samples of

various persons were taken simultaneously at the hospital when the police collected

them together.

12. The mother of the victim (PW.2) states that she has three daughters and the

victim was the youngest. The victim was born on 06.11.2019 at the Community

Health Center, Jaisinagar. The incident took place on 08.04.2024. This witness admits

that, at an earlier point in time while giving her case diary statement, she had never

stated that the accused had inappropriately touched her daughter and that she was

mentioning this fact for the first time. She further admits that on the day the dead

body was recovered, she was not in her village but had gone to her parental home.

She also admits that on the day the victim went missing, she had gone to her Maika.

She admits that the accused used to visit their house. She had not seen anyone taking

the victim, nor had she heard any cries of the victim. She admits that the accused

resided at a distance of one and a half kilometres in the same village and that he is an

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
8

alcoholic. She also admits that she had an altercation with her husband in the past.

Like the father of the victim (PW.1), the mother of the victim (PW.2) admits that once

the accused had an altercation with police personnel, the blood samples of all persons

were taken, and thereafter the police had taken the accused to the police station. She

admits that the dead body of the victim was recovered from the Medh of the field of

Neelesh Prajapati.

13. Jagdish (PW.3) states that Neelesh Prajapati is known to him. He drives the

Tractor of his uncle. The complainant and their family members are also known to

him. On the morning of 10th April, this witness, along with Neelesh Prajapati and his

cousin, had gone to the field of Neelesh Prajapati’s uncle to dump fertilizer. Neelesh

Prajapati informed him that a dead body was lying at a distance of 150 meters and

asked him to inform the villagers about the incident. This witness was declared

hostile and has not supported the case of the prosecution.

14. The grandfather of the victim (PW.4) states that Neelesh Prajapati is known to

him and that he is his grandson. This witness admits that, after two days, Neelesh

Prajapati and his uncle’s son, Sewak, informed him that the dead body of a girl was

lying in the field of Neelesh Prajapati. He admits that 10-15 people were taken by the

police to the hospital, where blood samples of all 14-15 persons were drawn. He

further admits that the signatures of none of the persons, whose blood samples were

drawn, were obtained on any of the vials. He admits that on Exhibit P/12, thumb

impressions were obtained at the police station and that the thumb impressions of all

persons were taken there. He admits that on the next day, when the victim had gone

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
9

missing, her mother had gone to her Maika. This witness also admits that when the

police came to their village, the accused was present in the village. At that time,

Neelesh Prajapati was drunk. An altercation took place between the police and

Neelesh Prajapati and the police arrested him on account of this altercation.

15. Dr. L.S.Shakya (PW.6) states that he had provided the details of the birth of the

victim from the Community Health Center, Jaisinagar, on 24.07.2023.

16. Head Constable Satish Shrivastava (PW.7) states that he had taken six persons

to the hospital, and their blood samples were collected and preserved. These persons

were brought to the Police Station-Jaisinagar, where the samples were sealed vide

Exhibit P/17 in the presence of Constables Jitendra Rajak and Sandeep Solanki.

17. Shashank Rajput (PW-8) states that he had collected the vaginal slides and

other related materials from the Community Health Center, which were seized vide

Exhibit P/16.

18. Quazi Syed Uddin (PW.9) states that he had taken Neelesh Prajapati on

16.4.2024 for medical examination and his blood samples were preserved for DNA

examination vide Exhibit P/18.

19. When all these facts are taken into consideration, it is evident that the

distinctive feature between the case of Atul Nihale versus State of Madhya

Pradesh (supra) and the present case of Neelesh Prajapati is as follows: In Atul

Nihale versus State of Madhya Pradesh (supra), there were five criminal cases

pending against the accused. He was a habitual offender and a hardcore criminal. He

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
10

had caused injuries to the private parts of the victim with a kitchen knife, reflecting

mental depravity. The injuries inflicted on the victim were barbarous in nature,

particularly in the pelvic region. The body was concealed in a tank in a flat owned by

the accused’s mother to hide evidence. Therefore, considering the extreme brutality

and the use of a weapon, that case was held to be a rarest-of-rare case. In the present

case, none of such rarest-of-rare circumstances are present.

20. When the facts and circumstances of the present case are tested on the

touchstone of the judgment of the Apex Court in Ramesh A. Naika versus The

Registrar General, High Court of Karnataka & Others (supra) then it is evident

that there were multiple murders in that case, including that of a three-and-a-half-

year-old girl, committed on account of jealousy. The Apex Court, after noting that the

appellant had no prior criminal antecedents and maintained good relations with the

deceased, and also taking into account that all mitigating circumstances were not

considered by the learned Trial Court, observed that a restrictive worldview on the

part of the appellant/convict had become the reason for a senseless act of violence

and depravity. The Apex Court noted that, although it did not approve of the

appellant’s acts, the accused should be understood in the context of the barbarity of

the crime, including his own dimension, as well as the helplessness of two children

who met the most unfortunate of ends. The Apex Court, therefore, directed that the

death sentence of the appellant/convict be commuted, removing the hangman’s

noose, and instead ordered that he remains in prison till the ends of his days given by

the God Almighty.

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
11

21. Looking at the nature of the evidence and the facts that have come on record,

we are also persuaded that, although the present case is based on circumstantial

evidence and is said to be of unimpeachable character, the option of imposing a lesser

sentence cannot be said to be foreclosed.

22. The Apex Court in Deen Dayal Tiwari versus State of U.P. 2025 SCC Online

SC 237 considered multiple factors including the absence of criminal antecedents as

a ground to commute the sentence of the accused and drew a table, which is given

below:-

Part-I

WHEREIN DEATH PENALTY WAS COMMUTED TO LIFE SENTENCE
WITHOUT REMISSION FOR THE REMAINDER OF THE CONVICT’S
LIFE

S.No Case details JJ. Brief Facts Reasons for commuting
Sentence

1. Swamy 3 Appellant killed wife • The manner of committing
Shraddana v. who was the murder did not cause any
State of granddaughter of a mental or physical pain to the
Karnataka Dewan. Subsequently, victim.

                                   (2008)13 SCC          he sold       off   her
                                        767              properties and was        • Appellant confessed his guilt
                                                         absconding.               before the High Court. @54
                         2.        Sebastian v.  2       Appellant kidnapped a     • Appellant was 24 years old at
                                 State of Kerala         2- years-old girl from    the time of the incident.
                                  (2010) 1 SCC           her house, committed
                                        58               rape on her and then
                                                         murdered her.
                         3.         B. Kumar v.    3     Appellant worked as a     • Appellant's motive was not to
                                    Inspector of         mason in the house of     commit murder but to commit
                                       Police            the     victims.    He    rape on the prosecutrix. @18
                                   (2015) 2 SCC          committed rape on a
                                        346              woman, murdered a         • No possibility of him having
                                                         boy whom he had tied;     committed any another offence
                                                         being an eyewitness to    since he was apprehended 6

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
                                                                   12

                                                     the act of rape, and        years after the incident. @21
                                                     further    injured     an
                                                     eyewitness      to    the
                                                     murder.
                         4.    'X' v. State of   3   Appellant      murdered     •Appellant suffering from
                               Maharashtra           two minor girls after       severe mental illness since
                              (2019) 7 SCC 1         committing rape on          1994, i.e., post conviction,
                                                     them. The deceased          during his long incarceration as
                                                     victims     were      the   a death row convict, i.e. 17
                                                     Appellant's neighbour.      years. @74
                         5.   Sudam v. State 3       Petitioner murdered his     •Nature     of     circumstantial
                              of Maharashtra         wife, his two children      evidence is a mitigating factor
                               (2019) 9 SCC          and the two children        in the instant case. @21
                                   388               from      his      wife's
                                                     extramarital affair.     • No medical evidence to show
                                                                              that Petitioner had crushed the
                                                                              face of deceased to avoid
                                                                              identification. @16
                         6.   Ravishankar v. 3       Appellant kidnapped a •Key            witness      made
                               State of M.P.         13 year old girl. contradictory statement.
                               (2019) 9 SCC          Thereafter,          he
                                    689              committed rape on her
                                                     and murdered her by
                                                     throttling.Subsequently,
                                                     he destroyed evidence
                                                     by throwing her half-
                                                     naked body in a dry
                                                     well.
                         7.   Vijay Kumar v. 3       Appellant murdered 3 • No criminal antecedents.
                               State of J&K          minor children and
                              (2019) 12 SCC          caused injury to the •Not a professional killer. @12
                                    791              remaining minor child
                                                     and their father.
                         8.      Rajendra     3      Appellant committed • Prosecution failed to produce
                                Pralhadrao           rape and murder of a 3 available DNA evidence and
                              Wasnik v. State        year old girl.           other material evidence before
                              of Maharashtra                                  the Trial Court. @57
                               (2019) 12 SCC
                                    460                                     • Possibility of reformation and
                                                                            rehabilitation not considered
                                                                            by lower courts. @79
                         9.   Mohd. Mannan 3         Petitioner-accused was • Legal aid provided to him
                                v. State of          a mason working at the was inadequate. @ 38

Signature Not Verified
Signed by: AMIT JAIN
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2026 16:54:16
                                                                 13

                                   Bihar            house of an 8-yearold
                               (2019) 16 SCC        girl. He kidnapped, • No opportunity given to the
                                    584             raped and murdered the Petitioner      to     illustrate
                                                    child.                 mitigating factors. @ 39

                                                    Case is based on           • No evidence showing murder
                                                    circumstantial evidence    was premeditated. @47
                                                    and              alleged

extrajudicial confession • No DNA analysis of the
made by the Petitioner. sperm found on the victim’s
@57 body conducted by the
prosecution. @53

• Psychiatrist report shows
possibility of neurological
and/or mental health issues.

@68

• Post conviction mental health
of the Petitioner a relevant
consideration. @84

10. Dattatraya v. 3 Appellant is a 50 year • No evidence to show that
State of old man who Appellant took victim to his
Maharashtra committed rape on a 5 residence. @114
(2020) 14 SCC year old girl which
290 resulted in her death. • No evidence to show that
murder was intended or
premeditated. Appellant did
not carry any weapon. •
Possibility of the Appellant
being unaware that sexual
assault would result in death
cannot be ruled out. @123
• Legal assistance to the
Appellant ineffective. @129

• Question of reform not
considered by the Trial Court.

@130

11. Jagdish v. State 3 Petitioner murdered his • Petitioner in custody since 14
of M.P. wife and five children. years.

(2020) 14 SCC
156 • Unexplained delay of 4 years
in forwarding the mercy
Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
14

petition by State. @12

12. Rabbu v. State 3 Appellant committed • Appellant brought up by
of M.P. rape on a minor girl single father, comes from a
2024 SCC and set her on fire, backward socioeconomic
Online SC 2933 thereby killing her. stratum of society, was 22-
yearold at the time of incident,
has no criminal antecedents
and possibility of reform
cannot be ruled out. @15-16

13. Deen Dayal 3 Appellant murdered his • Absence of previous criminal
Tiwari v. State wife and four minor antecedents.

                                   of U.P.            daughters with an axe.
                                  2025 SCC                                       •Appellant's   behavior      in
                                Online SC 237                                    custody has been "satisfactory"
                                                                                 and "normal," noting that he
                                                                                 has been performing assigned
                                                                                 duties without any adverse
                                                                                 conduct.

                                                                                 • Nothing on record suggests
                                                                                 that the appellant is incapable
                                                                                 of rehabilitation. @20


                                                           PART - II

CASES WHEREIN LIFE SENTENCE HAS BEEN IMPOSED TILL THE END
OF THE CONVICT’S NATURAL LIFE SUBJECT TO REMISSION

S.No Case details JJ. Brief Facts Reasons for
commuting Sentence

1. Mulla v. State of U.P. 2 Appellants abducted • One of the Appellants
(2010) 3 SCC 508 and murdered five is 65- years-old and in
persons. custody since 14 years.

@79

• Appellants belong to
an extremely poor
background.

                                                                                         •Possibility       of
                                                                                         reformation not ruled
                                                                                         out. @81

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
                                                               15

                         2.         Rameshbhai          3   Appellant murdered      •Appellant was 27-
                              Chandubhai Rathod (2)         and committed rape      years-old at the time of
                                v. State of Gujarat         on a minor girl who     the incident.
                                 (2011) 2 SCC 764           belonged    to   the
                                                            apartment of which      •Possibility       of
                                                            he was a watchman.      reformation not ruled
                                                                                    out.

                                                                                     • Appellant not granted
                                                                                     adequate opportunity
                                                                                     to plead on the
                                                                                     question of sentence.
                                                                                     @7
                         3.     Sandesh v. State of     2   Appellant committed •Appellant was 23-
                                   Maharashtra              robbery during which years-old at the time of
                                 (2013) 2 SCC 479           he fatally injured a incident.
                                                            pregnant woman and
                                                            her     mother-in-law. •Murder                not
                                                            Subsequently,         he premeditated.
                                                            murdered        another
                                                            relative of the victims •Appellant      not     a
                                                            during               the hardened criminal.
                                                            commission of the
                                                            robbery.                 • Good conduct in jail.

4. Mohinder Singh v. State 2 Appellant murdered •Appellant did not
of Punjab his wife and daughter harm his other
(2013) 3 SCC 294 because of a previous daughter while
case filed by his wife committing the crime.

                                                            against the Appellant
                                                            for committing rape •Appellant is a poor
                                                            on       his     minor man unable to sustain
                                                            daughter.                himself.

                                                                                  •Probability        of
                                                                                  reformation        not
                                                                                  foreclosed. @28
                         5.    Deepak Rai v. State of   3   3 accused committed •Death          sentence
                                      Bihar                 murder of informant's commuted only in
                                (2013) 10 SCC 421           wife      and    five respect of A-3, i.e.,
                                                            children.             Bacha Babu Rai.

                                                                                    •No       overt      act
                                                                                    attributed to A3.


Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
                                                               16

                         6.    Vyas Ram v. State of     2   Appellants killed 35    •Only 1 witness has
                                      Bihar                 persons and injured 7   attributed the role of
                                (2013) 12 SCC 349           belonging     to    a   slitting throats to the
                                                            particular community.   Appellant.

                                                                                  •Incident took place in
                                                                                  1992 - charges framed
                                                                                  in 2004.
                         7.   Sunil Damodar Gaikwad 2       Appellant murdered •Appellant        suffered
                              v. State of Maharashtra       his wife and two from economic and
                                  (2014) 1 SCC 129          sons. He attempted to psychic compulsions.
                                                            murder his daughter
                                                            but she survived.     •Possibility         of
                                                                                  reformation cannot be
                                                                                  ruled out.

                                                                                    •No            criminal
                                                                                    antecedents.

                                                                                  •Appellant was living
                                                                                  in abject poverty.
                         8.   Mahesh Dhanaji Shinde     3   Appellants murdered •Appellants were 23-
                              v. State of Maharashtra       two minors and seven 29- years-old at the
                                  (2014) 4 SCC 292          persons after which time of incident.
                                                            the Appellants robbed
                                                            them.                 •Appellants lived in
                                                                                  acute poverty.

                                                                                  •Appellants        have
                                                                                  pursued          further
                                                                                  education           and
                                                                                  meaningful
                                                                                  endeavours       during
                                                                                  custody. @38
                         9.   Sushil Sharma v. State    3   Appellant murdered •No               criminal
                                 (NCT of Delhi)             his wife with a antecedents.
                                (2014) 4 SCC 317            firearm and burnt the
                                                            body in a tandoor.    • No evidence to show
                                                                                  absence of possibility
                                                                                  of reformation.

                                                                                    • Appellant has spent
                                                                                    10 years in death cell.


Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
                                                                     17

                                                                                         • Appellant is the only
                                                                                         son of his parents who
                                                                                         are old and infirm.
                                                                                         @105
                         10.     Mohd. Jamiludin Nasir      2    The incident pertains   •The acts committed
                                 v. State of West Bengal         to attack on police     were not directed
                                    (2014) 7 SCC 443             personnel wherein 5     against the sovereignty

police officials were of the State. Hence, it
killed and 13 others could not be equated
were injured along with precedents such
with other civilians. as Navjot Sandhu,
Ajmal Kasab or Mohd.

                                                                 Death penalty of        Arif.
                                                                 accused           Aftab
                                                                 commuted to life •Aftab             was     the

imprisonment till the mastermind behind the
end of his life. entire operation – did
not commit the act
himself. He made the
other accused commit
the murders through.

11. Arvind Singh v. State of 3 Appellant kidnapped •Appellants were 19-
Maharashtra an 8- years-old boy to yearsold at the time of
(2021) 11 SCC 1 demand ransom. the incident.

                                                                 Subsequently,        he
                                                                 murdered the boy.       •No            criminal
                                                                                         antecedents.       A-1
                                                                                         surrendered at the first
                                                                                         opportunity. @98

23. On going through the record and the legal position summarized above, it is

evident that present is a case of mental depravity and is shocking to the conscience,

but when mitigating circumstances are examined vis-à-vis aggravating circumstances,

except for mental depravity, no other reason appears to be brought out to show that

there was any enmity or provocation to perform the acts as were done by the

appellant. In cases of mental depravity, reformation is possible and, in our opinion,

wherever there is scope for reformation, life should not be taken away, but an

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16
18

opportunity should be given to reform and regret with remorse, that is more

appropriate than to take away the life.

24. Keeping in mind the above pronouncement of law, the social audit report of

Neelesh Prajapati filed by the Station House Officer of Police Station Jaisinagar,

District Sagar, on 20.01.2026 and the nature of the evidence on record, we are of the

opinion that the death sentence of the accused Neelesh Prajapati should be commuted

to life imprisonment for the remainder of his natural life and accordingly it is so

ordered.

25. With the above modification, the Criminal Reference No.07 of 2025 is

answered and Criminal Appeal No.10001 of 2025 is partially allowed.

26. The case property be disposed of as per the order of the Trial Court.

27. Let record of learned Trial Court be sent back forthwith.




                                    (Vivek Agarwal)                  (Ratnesh Chandra Singh Bisen)
                                        Judge                                   Judge

               amit




Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-02-
2026 16:54:16



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