Hoti Lal Chadhar vs The State Of Madhya Pradesh on 18 April, 2026

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    Madhya Pradesh High Court

    Hoti Lal Chadhar vs The State Of Madhya Pradesh on 18 April, 2026

              NEUTRAL CITATION NO. 2026:MPHC-JBP:30213
    
    
    
    
                                                                   1                          CRA-1541-2014
                                  IN     THE      HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                           BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK KUMAR SINGH
                                                              &
                                         HON'BLE SHRI JUSTICE AJAY KUMAR NIRANKARI
                                                       ON THE 18th OF APRIL, 2026
                                                   CRIMINAL APPEAL No. 1541 of 2014
                                                        HOTI LAL CHADHAR
                                                              Versus
                                                  THE STATE OF MADHYA PRADESH
                               Appearance:
                                  Shri Sanjay Kumar Saini - Advocate for appellant.
                                  Shri Amit Pandey - Government Advocate for State.
    
                               Reserved on      : 09.10.2025.
                               Pronounced on : 18.04.2026.
                                                                  JUDGMENT
    

    Per: Justice Ajay Kumar Nirankari

    The instant criminal appeal has been preferred by the appellant under
    Section 374(2) of Cr.P.C. against the judgment dated 06.03.2014 passed by

    SPONSORED

    6 th Additional Sessions Judge, District Sagar in Sessions Trial No. 548/2012

    (State of M.P. Vs. Hoti Lal) whereby the appellant has been convicted for
    the offence punishable under Section 302 of IPC and sentenced to undergo
    for Life imprisonment with fine of Rs.1,000/- and Section 201 of IPC and
    sentenced to undergo R.I. of 3 years with fine of Rs.1,000/- respectively,
    with default stipulation.

    2. The case of prosecution, in a nutshell, is that on the basis of
    information given by Smt. Kiran Bai in respect of death of her minor son

    Signature Not Verified
    Signed by: VAIBHAV
    YEOLEKAR
    Signing time: 18-04-2026
    17:50:55
    NEUTRAL CITATION NO. 2026:MPHC-JBP:30213

    2 CRA-1541-2014
    Rishabh. The police station Gopalganj, District Sagar has registered a Merg
    No.20/2012 and started merg inquiry. Subsequently, an FIR under Sections
    302
    and 201 of IPC was registered against the appellant with the allegation
    that the complainant along with her husband and their three minor children
    resided at Baghraj Ward, Village Tili. On 17.09.2012, the complainant with
    her children returned back to her home after obtaining medical treatment for
    one of them. During this period, her neibhbour took away her minor child
    Rishabh for watching television. When Rishabh did not return at night, she
    was under impression that Rishabh might have stayed at the house of
    appellant Hotilal. In the morning, on asking about Rishabh, appellant Hotilal
    said he was not aware about Rishabh. After sometime, she got the

    information that in cremation ground of village one dead body of a child was
    found in a jute bag. From the hole of said jute bag, the complainant identified
    the body of her son. She also found that the blood stains were also found
    from the cremation ground towards the house of appellant Hotilal.

    3. After registration of the FIR, the police authority recovered the dead
    body and sent it for postmortem, prepared the spot map, statements of
    witnesses were recorded, seized the blood-stained soil and simple soil from
    the incident place, arrested the accused/appellant, seized a dari (carpet), mat,
    blanket and four stones along with blood stained soil jute bag from the house
    of appellant. The memorandum statement of the appellant under Section 27
    of Indian Evidence Act was recorded and seized the articles. All seized
    articles were sent for chemical analysis to the State Judicial Science
    Laboratory.

    Signature Not Verified
    Signed by: VAIBHAV
    YEOLEKAR
    Signing time: 18-04-2026
    17:50:55

    NEUTRAL CITATION NO. 2026:MPHC-JBP:30213

    3 CRA-1541-2014

    4. After completion of investigation, filed the charge-sheet before the
    JMFC, District Sagar after receiving the chargesheet, committed the case and
    forwarded the same to the Sessions Court for trial. Fromwhere the case was

    triable to the 6th Additional Sessions Judge, District Sagar in Sessions Trial
    No.548/2012.

    5. Learned trial Court framed the charges under Sections 377, 302 and
    201 of IPC. The appellant refused to accept the charges and wished to face
    the trial.

    6. The prosecution, in order to substantiate its case, examined 16
    witnesses as PW-1 to PW-16 and also exhibited the documents as Ex.P/1 to
    P/22. The appellant has not examined any witness in support of his defence.
    He only exhibited the police statements under Section 161 of Cr.P.C. Rishi,
    Gomti Bai Patel, and Pavan Kumar Patel, which were marked as D-1 to D-

    13. In the statement recorded under Section 313 of Cr.P.C. the appellant
    stated that he is innocent and has falsely been implicated in the murder of the
    deceased on account of previous enmity.

    7. Learned trial Court vide judgment dated 06.03.2014 held the
    appellant guilty of committing murder of deceased Rishabh, accordingly,
    convicted the appellant for life imprisonment with fine of Rs. 1,000/- under
    Section 302 of IPC and rigorous imprisonment for three years with fine of
    Rs.1,000/- under Section 201 of IPC. The charge under Section 377 of IPC
    was not found proved and the appellant has been acquitted from the said
    charge.

    8. Being aggrieved by the impugned judgment dated 06.03.2014

    Signature Not Verified
    Signed by: VAIBHAV
    YEOLEKAR
    Signing time: 18-04-2026
    17:50:55
    NEUTRAL CITATION NO. 2026:MPHC-JBP:30213

    4 CRA-1541-2014
    passed by 6th Additional Sessions Judge, District Sagar, the appellant has
    been preferred the instant appeal before this Court.

    9. Learned counsel for the appellant has advanced the argument that
    the appellant is innocent person and has not committed the said alleged
    offence. He also submitted that the police authority has not properly linked
    the chain of circumstantial evidence only on the last seen theory, on the basis
    of which appellant has been held guilty. It is further submitted that learned
    trial Court has not considered this aspect that the appellant has been falsely
    implicated in the present case on account of previous enmity with respect to
    the murder of the deceased. The learned trial Court has also not considered
    this aspect that there was no motive that the appellant to commit the murder
    of deceased. He further advanced the argument that only on the basis of last
    seen theory a person could not be convicted. Learned trial Court has also
    committed illegality in shifting the burden of proof on the appellant. Though
    the prosecution has to establish its case beyond any reasonable doubts. He
    also submitted that mere presence of blood stains on the clothes of the
    appellant, he could not be held guilty of committing the murder. The FSL
    report has not duly been proved from the witness of FSL unit. In support of
    his contention, the learned counsel for the appellant relied on the judgments
    of Hon’ble Apex Court in the cases of Mohan Vs. State of M.P. reported in
    1993 0 Supreme (MP) 206, Anjan Kumar Sarma Vs. State of Assam reported
    in AIR 2017 SCW 617, Dinesh Kumar Vs. The State of Haryana (Criminal
    Appeal No.530/2022, decided on 04.05.2023), Kansa Behera Vs. State of
    Orissa
    report in AIR 1987 SC1507, Vijay Shankar Vs. State of Haryana

    Signature Not Verified
    Signed by: VAIBHAV
    YEOLEKAR
    Signing time: 18-04-2026
    17:50:55
    NEUTRAL CITATION NO. 2026:MPHC-JBP:30213

    5 CRA-1541-2014
    reported in AIR 2015 SCW 5324, Prabhu Vs. State of U.P. reported in AIR
    1963 SC 1113 and Govindaraju @ Govinda Vs. State by Sriramapuram P.S.
    and another
    reported in (2012) 4 SCC 722. Thus, he prays for allowing and
    setting aside the impugned judgment passed by the trial Court.

    10. Learned counsel for the State has advanced the arguments that the
    learned trial Court after proper appreciation the material available on record
    rightly reached to the conclusion that the appellant is guilty of committing
    the murder of deceased Rishabh. He further submitted that on the last night
    of incident, at about 9:00 p.m., the appellant took away the deceased from
    his house for watching television and on the next day, the dead body of
    deceased was recovered. It was also submitted that a dari, mat and blanket
    were recovered from the house of appellant as well as blood stained soil
    were also recovered and on the seized articles, the human blood was found
    but due to insufficient quantity, the blood group could not be identified on
    the seized articles and have not proved the motive of committing the offence.
    The entire prosecution story could not be discarded on that basis. As per the
    postmortem report, two incised wounds were found on the neck of the
    deceased and one abrasion on his cheek. The cause of death has been opined
    to be shock due to injuries to vital organs and major vessels i.e. carotid
    arteries and trachea and the duration of death was within 24 hours prior to
    the time of examination. It was also submitted that the prosecution has
    properly linked the chain of circumstantial evidence. Accordingly, the
    judgment is well-reasoned and speaking and does not warrant any
    interference. Thus, he prays for dismissal of the present criminal appeal.

    Signature Not Verified
    Signed by: VAIBHAV
    YEOLEKAR
    Signing time: 18-04-2026
    17:50:55

    NEUTRAL CITATION NO. 2026:MPHC-JBP:30213

    6 CRA-1541-2014

    11. We have perused the record and heard the arguments advanced by
    both the counsel for the parties.

    12. The sole question for adjudication before us is that whether the
    learned trial Court was fully justified in holding the guilty under Sections
    302
    and 201 of IPC and awarding the life imprisonment.

    13. It is the case of circumstantial evidence. On the information of
    PW-1, a merg was registered and after completion of merg enquiry, the FIR
    was registered. PW-1 has consistently alleged that on 18.07.2012, the
    complainant along with her children returned home after obtaining the
    medical treatment for her daughter. At about 9:00 p.m., the appellant called
    the deceased and took him away the deceased for watching television. In the
    night, the deceased did not return back his home, on asking, the appellant
    stated that he was not aware about the deceased. Thereafter, the dead body of
    the deceased was found in a jute bag at the cremation ground. (PW-2)
    Sangeeta and (PW-3) Rishi Raikwar have also supported the statement of
    PW-1.

    14. In view of the above, it is clear that the deceased lastly seen
    together with the appellant on 18.07.2012 and on the next day, dead body of
    the deceased was recovered. As per postmortem report (Ex.P/14), two incised
    wounds were found on the neck of deceased and one abrasion on his cheek.
    As per postmortem report, the cause of death has been opined to be shock

    resulting from injuries to vital organs major vessels i.e. carotids arteries and
    trachea and the death of the deceased was homicidal in nature. (PW-11) Dr.
    R.K. Khare, who conducted the postmortem of deceased has supported the

    Signature Not Verified
    Signed by: VAIBHAV
    YEOLEKAR
    Signing time: 18-04-2026
    17:50:55
    NEUTRAL CITATION NO. 2026:MPHC-JBP:30213

    7 CRA-1541-2014
    postmortem report. The appellant has not brought any material in his cross-
    examination for doubting on postmortem report. The I.O. (PW-16) deposed
    before the trial Court in his chief-examination that on getting the information
    about the dead body, a merg was registered then an FIR was registered and
    started the investigation. During the investigation, spot map was prepared,
    the blood-stained soil and simple soil have been recovered from the incident
    place, arrested the accused persons. The memorandum of the appellant under
    Section 27 of Indian Evidence Act was duly recorded and, an axe was
    recovered from the house of the appellant at his instance. The blood-stained
    clothes of appellant were also seized in the presence of independent witness.
    The appellant cross-examined the PW-16 in detailed but he remained
    unsuccessful to bring any material for doubting the investigation. He was
    also submitted that he has no motive to commit the murder of deceased and
    the last seen together is not sufficient for conviction in support of said
    contention. He has relied on the case of Mohan (supra). The relevant para is
    reproduced as under:-

    “The question, therefore, arises: as to why the accused would
    commit the murder of deceased Nora by throttling her-as is
    alleged by the prosecution. The motive for committing the jurder
    is not known, and nor the same is established from the prosecution
    evidence on record. Besides this, from the version of Dr. Chandra
    Bhan Prasad (P.W.7), who had performed the autopsy on the dad
    body of Nora, it is clear that he was not sure about the exact cause
    of her death-as was stated by him in para 8 of his deposition. Dr.
    Chandrabhan Prasad had not found any finger mark on the nectk
    of the deceased. Dr. Chandrabhan Prasad has stated in his cross-
    examination, that the death could be homicidal and it could also be
    accidental. This statement of Dr. Chandrabhan Prasad also goes to
    show that this witness was not sure as to whether death of Nora

    Signature Not Verified
    Signed by: VAIBHAV
    YEOLEKAR
    Signing time: 18-04-2026
    17:50:55
    NEUTRAL CITATION NO. 2026:MPHC-JBP:30213

    8 CRA-1541-2014
    was homicidal or accidental in nature.”

    15. On bare perusal of aforesaid citation, it appears that the facts of the
    cited case are quit different with the facts of the present case. In the cited
    case, there was no substantial material on record except the last seen,
    whereas, the substantial material piece and link of circumstantial evidence
    was properly established by the prosecution. The appellant has relied on the
    case of Anjan Kumar Sharma (supra) wherein the Hon’ble Apex Court has
    held the suspension cannot take place of legal proof for something, there is
    no proof on the seized article human blood was found. However, in the
    present case, the human blood was duly found on the clothes of appellant,
    mat and blanket seized from the house of appellant as well as axe recovered
    from his house at his own instance. Thus, the appellant is also not getting any
    benefit of said citation. Learned counsel for the appellant has further
    advanced the arguments that initial burden lies on the prosecution to
    establish its case beyond any reasonable doubt, and that such burden cannot
    be shifted on the appellant/accused to prove his innocence.
    In support of this
    contention, appellant relied on the law laid down by the Hon’ble Apex Court
    in the case of Dinesh Kumar (supra). It is not in dispute that the initial duty
    and burden on the prosecution is to establish its case beyond any reasonable
    doubt. It is also settled legal proposition that once the prosecution beyond
    any reasonable doubt, prima facie, established its case, then the burden is
    shifted on the accused to explain the circumstances and proved his or/her
    innocence. In the present case, the blood-stained soil, clothes, axe and mate
    were recovered from the house of the appellant. In FSL report, the stains on
    these articles were confirmed to be of human blood. In such circumstances,

    Signature Not Verified
    Signed by: VAIBHAV
    YEOLEKAR
    Signing time: 18-04-2026
    17:50:55
    NEUTRAL CITATION NO. 2026:MPHC-JBP:30213

    9 CRA-1541-2014

    the burden automatically be shifted on the appellant to explain the
    circumstances or evidence which establishes his guilty prima facie there is
    no explanation of appellant in the present case that how the blood stained
    were found on his clothes, soil, axe and mat recovered from his house. Thus,
    the law of Hon’ble Apex Court is not held in any manner. Similarly, the law
    laid down by Hon’ble Apex Court in the case of Kansa Behra (supra), Vijay
    Shankar (supra) and Prabhu (supra) is not helping the appellant in any
    manner because the said fact is quite different of the present case.

    16. Learned counsel for the appellant has also advanced the argument
    that the prosecution has to establish and prove the medical/expert
    information by examining the competent authority of medical/expert mere
    production of a document is not itself proved. In support of its contention,
    the appellant relied on a judgment of Hon’ble Apex Court in the case of
    Govindraju @ Govinda (supra). The relevant para No.45 is reproduced as
    under:-

    “45. The applicability of the principle of `adverse inference’ pre-
    supposes that withholding was of such material witnesses who
    could have stated precisely and cogently the events as they
    occurred. Without their examination, there would remain a
    vacuum in the case of the prosecution. The doctor was a cited
    witness but was still not examined. The name of the Head
    Constable and the Constable appears in the Police investigation
    but still they were not examined. It is true that in their absence the
    post mortem report and FSL report were exhibited and could be
    read in evidence. But still the lacuna in the case of the prosecution
    remains unexplained and the chain of events unconnected. For
    instance, the Head Constable could have described the events that
    occurred right from the place of occurrence to the death of the
    deceased. They could have well explained as to why it was not

    Signature Not Verified
    Signed by: VAIBHAV
    YEOLEKAR
    Signing time: 18-04-2026
    17:50:55
    NEUTRAL CITATION NO. 2026:MPHC-JBP:30213

    10 CRA-1541-2014
    possible for one Police Officer, one Head Constable and one
    Constable to apprehend all the accused or any of them
    immediately after the occurrence or even make enquiry about their
    names. Similarly, the doctor could have explained whether
    inflicting of such injuries with the knife recovered was even
    possible or not. The expert from the FSL could have explained
    whether or not the weapons of offence contained human blood
    and, if so, of what blood group and whether the clothes of the
    deceased contained the same blood group as was on the weapons
    used in the commission of the crime. The uncertainties and
    unexplained matters of the FSL report could have been explained
    by the expert. There is no justification on record as to why these
    witnesses were not examined despite their availability. This Court
    in the case of Takhaji Hiraji (supra) clearly stated that material
    witness is one who would unfold the genesis of the incident or an
    essential part of the prosecution case and by examining such
    witnesses the gaps or infirmities in the case of the prosecution
    could be supplied. If such a witness, without justification, is not
    examined, inference against the prosecution can be drawn by the
    Court. The fact that the witnesses who were necessary to unfold
    the narrative of the incident and though not examined, but were
    cited by the prosecution, certainly raises a suspicion. When the
    principal witnesses of the prosecution become hostile, greater is
    the requirement of the prosecution to examine all other material
    witnesses who could depose in completing the chain by proven
    facts. This view was reiterated by this Court in the case of Yakub
    Ismailbhai Patel v. State of Gujarat
    .”

    17. In the present case, the seized articles were sent for chemical
    analysis to the State Judicial Science Laboratory, District Sagar and the
    report thereof was exhibited as Ex.P/14. At the time of its exhibition the
    appellant did not raise any objection in respect of credibility of said DNA
    report. Mere also the report of expert is just an opinion and the Court is not
    bound to accept the said opinion. The Court is duty bound to consider the
    expert report with other material evidence. In the present case, there is no
    explanation that as to how blood stained soil, clothes, mat and a blanket were
    recovered from his house and on all articles human blood was found. The

    Signature Not Verified
    Signed by: VAIBHAV
    YEOLEKAR
    Signing time: 18-04-2026
    17:50:55
    NEUTRAL CITATION NO. 2026:MPHC-JBP:30213

    11 CRA-1541-2014

    statements under Section 313 of Cr.P.C. the accused has not suggested with
    the said blood-stained in which human blood was found is of him or how the
    blood-stained was found on that articles. Accordingly, the said citation is not
    helping the appellant in any manner.

    18. In overall consideration of facts and material available on record,
    we reached to the conclusion that the impugned judgment passed by learned
    trial Court is just proper and based on proper appreciation and reasoning. The
    appellant on the grounds as well as arguments raised at the time of final
    hearing have not brought any material on record for creating a doubt suspect
    on the material available on record, accordingly, finding recorded by the trial
    Court was fully justified and not warranted any interference.

    19. Thus, the present appeal fails and is hereby dismissed.

    20. Let a copy of this judgment be sent to the trial Court along with its
    record for information and necessary compliance.

                                    (VIVEK KUMAR SINGH)                          (AJAY KUMAR NIRANKARI)
                                           JUDGE                                         JUDGE
                               NP
    
    
    
    
    Signature Not Verified
    Signed by: VAIBHAV
    YEOLEKAR
    Signing time: 18-04-2026
    17:50:55
    



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