Madhya Pradesh High Court
Basant @ Bhim vs The State Of Madhya Pradesh on 31 March, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2026:MPHC-JBP:25251
1 CRA-3113-2016
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 APPEAL No. 3113 of 2016
BASANT @ BHIM
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sandeep Vishwakarma - Advocate for the appellant.
Shri Abhishek Singh-Government Advocate for the
respondent/State.
Reserved on : 11.03.2026
Pronounced on : 31.03.2026.
JUDGMENT
Per: Justice Ratnesh Chandra Singh Bisen Learned counsel for the appellant instead of pressing I.A. No.25081/2025, which is the second application under Section 430(1) of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail to appellant Basant @ Bhim prays that this appeal be heard finally.
2. Accordingly, I.A. No.25081/2025 is dismissed as not pressed and with the consent of the parties, this appeal is heard finally.
3. This Criminal Appeal has been filed under Section 374(2) of the Code of Signature Not Verified Signed by: SATYA SAI RAO Signing time: 01-04-2026 19:11:52 NEUTRAL CITATION NO. 2026:MPHC-JBP:25251 2 CRA-3113-2016 Criminal Procedure by the appellant/accused challenging the impugned judgment dated 14.09.2016 passed by the learned Sessions Judge, Dindori, in Sessions Trial No. 70/2015 whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment along with a fine of Rs. 50,000/-, with default stipulation.
4. The prosecution case, in brief, is that on 24.05.2015, the Medical Officer, CHC Shahpura, informed Police Station Shahpura that Sheshnarayan and his wife Devkibai were admitted with burn injuries. Sheshnarayan, later referred to District Hospital, Dindori, gave a statement alleging that the accused Bhim Dhurve attacked him with a sharp weapon, poured kerosene, and set him on fire. On this basis, a zero FIR under Section 307 IPC was registered and later converted into Crime No. 327/2015. During investigation, the police seized incriminating articles from the spot, prepared spot maps, recorded statements, and obtained medical evidence. The dying declaration of Sheshnarayan was also recorded. Sheshnarayan died on 01.07.2015 during treatment. Thereafter, inquest and post-mortem were conducted, and seized articles were sent for forensic examination. The accused was arrested and charge-sheet filed. The case was committed to the Sessions Court. The accused denied the charges, and after prosecution evidence, his statement was recorded under Section 313 CrPC.
5. Learned counsel for the appellant has submitted that the judgment of the trial court is incorrect and against the facts and evidence on record. He submitted that the prosecution failed to prove the case beyond reasonable Signature Not Verified Signed by: SATYA SAI RAO Signing time: 01-04-2026 19:11:52 NEUTRAL CITATION NO. 2026:MPHC-JBP:25251 3 CRA-3113-2016 doubt. The conviction is based on weak and unreliable evidence. The statements of prosecution witnesses contain contradictions and cannot be fully trusted. The chain of circumstances is incomplete and does not clearly prove that the appellant committed the offence. The trial court did not properly consider the evidence and wrongly convicted the appellant. He, therefore, prays that this Hon'ble Court may set aside the conviction and sentence and acquit the appellant.
6. On the other hand, counsel for the respondent/State has submitted that the judgment of the trial Court is correct and based on proper appreciation of evidence. He submitted that the prosecution has proved the guilt of the appellant beyond reasonable doubt through reliable witness testimony and supporting evidence. The trial court rightly considered all the facts and circumstances before convicting the appellant under Section 302 of the IPC. There are no major contradictions in the prosecution evidence that would affect the case. Therefore, the conviction and sentence passed by the trial court are justified. He, therefore, prays that the appeal be dismissed and conviction and sentence of the appellant be uphold.
7. We have heard counsel for the parties and also perused the record.
8. In order to bring home the charges, the prosecution has examined as many as 16 witnesses.
9. Devki Bai (PW-10) is the wife of the deceased Sheshnarayan. She deposed that she resided at her maternal home due to harassment by her husband, Sheshnarayan. He arrived in the evening to fetch her; upon her refusal to leave immediately saying that there is no one at home, he slapped Signature Not Verified Signed by: SATYA SAI RAO Signing time: 01-04-2026 19:11:52 NEUTRAL CITATION NO. 2026:MPHC-JBP:25251 4 CRA-3113-2016 her three times. Post-dinner, he slept separately while she slept in the courtyard with their child. Her maternal uncle had left for the fields with bullocks that morning. While playing with the child, she saw Sheshnarayan pour diesel on himself from a room container, ignite it with a matchstick, run to her, grab her, and declare, "If he die, he will kill her too. This witness has been declared hostile by the prosecution .
10. Shiv Kumar (PW-11) is the father of the deceased, Sheshnarayan. He stated that his son had gone to Deori to bring his wife, Devaki. On the same day at about 6:00 a.m., he received a phone call from Deori informing him that his son had died. Thereafter, he along with his wife and Dhansai went to Deori Kala and reached there at about 9:00 a.m. Upon reaching, he found that his son had been burnt and his body was lying in the house of Bhim. He further stated that he was informed that his daughter-in-law had also suffered burn injuries, but he could not see where she had been burnt. Thereafter, his son and daughter-in-law were taken to Dindori Hospital. He deposed that the police and other officials questioned his son Sheshnarayan and recorded his statement. According to this witness, his son stated that Bhim had killed him. The police also interrogated this witness and recorded his statement. In his presence, the police prepared the spot map of the incident (Ex. P/8) and the Panchnama of spot inspection (Ex. P/10). After the post-mortem examination, the dead body of the deceased was handed over to him. The delivery memo in this regard is Ex. P/11. This witness was declared hostile by the prosecution
11. Kuvaria Bai (PW-12) is the mother of the deceased Sheshnarayan. She Signature Not Verified Signed by: SATYA SAI RAO Signing time: 01-04-2026 19:11:52 NEUTRAL CITATION NO. 2026:MPHC-JBP:25251 5 CRA-3113-2016 also corroborated the statement given by her husband Shiv Kumar (PW-11).
12. Dhansai (PW-13) is the brother of the deceased Sheshnarayan. He also supported the statement given by his father Shiv Kumar (PW-11).
13. Shobha Singh (PW-1), the father-in-law of the deceased Sheshnarayan, did not support the prosecution case. Similarly, Shiv Prasad (PW-3), the brother of the accused Basant @ Bhim, also did not support the prosecution case. Ramesh (PW-2), Kashiram (PW-4), and Prem Singh (PW-5) likewise did not support the prosecution and were declared hostile witnesses. It is pertinent to note that all the aforesaid witnesses are residents of Village Kuhanideori, and the accused Basant @ Bhim is also a resident of the same village. Therefore, it appears that due to their common residence in the same village, they did not support the prosecution case and instead made statements favourable to the accused..
14. Sarojini Parte (PW-6) was posted as a Patwari in Patwari Halka No. 49, Village Deorikala, Tehsil Shahpura, District Dindori in the year 2015. He stated that on 04.06.2015, the Station House Officer of Police Station Shahpura requested him to prepare a map of the place of incident in connection with Crime No. 327/2015. Acting on this request, he visited the place of occurrence, prepared the spot map of the incident site, and also prepared the Panchnama, which is marked as Ex.P-2.
15. Rambharose Verma (PW-9) was posted as Assistant Sub Inspector in Police Station Shahpura in July 2015. He deposed that on 02.07.2015, on the information of informant Shivkumar, he registered Marg No. 33/15 which is Ex.P.7.
Signature Not Verified Signed by: SATYA SAI RAO Signing time: 01-04-2026 19:11:52NEUTRAL CITATION NO. 2026:MPHC-JBP:25251 6 CRA-3113-2016
16. O.P. Patel (PW-16) was posted as Assistant Sub-Inspector posted at Police Station Shahpura in 2015, deposed that on 24.05.2015, on telephonic instructions of the T.I., he went to the place of occurrence but found no injured person there. The in-laws informed him that the injured had been taken to Shahpura Hospital. On reaching Shahpura Hospital, he learnt that the injured had been referred to Dindori Hospital. He then went to Dindori Hospital and recorded the statement of the injured Shesh Narayan. The injured stated that at about 5:30 a.m., Bhim Dhurve attacked him with a knife-like object, stabbed him three or four times, poured kerosene on him, and set him on fire. When he came out while burning, villagers gathered and extinguished the fire with water. On the basis of this statement, PW-16 recorded the Dehati Nalishi (Ex. P-14) and also recorded the statement of the injured Shesh Narayan at the hospital (Ex. P-16).
17. Anil Kumar Patel (PW-15) was posted as Assistant Sub-Inspector at Police Station Shahpura on 25.05.2015. He deposed that Assistant Sub- Inspector Omkar Prasad Patel had recorded a Dehati Nalishi at Shahpura Hospital based on the information given by Sheshnarayan, and a zero- number crime was registered. On the basis of this Dehati Nalishi, PW-15 registered Crime No. 327/2015 in the regular register and lodged the First Information Report, which is marked as Ex.P/13. The Dehati Nalishi is marked as Ex.P/14, and the intimation received from Shahpura Hospital is marked as Ex.P/15.
18. Gourav Kumar Pandey (PW-7) stated that he was posted as Tehsildar of Tehsil Shahpura in the year 2015. He deposed that on 24.05.2015, upon Signature Not Verified Signed by: SATYA SAI RAO Signing time: 01-04-2026 19:11:52 NEUTRAL CITATION NO. 2026:MPHC-JBP:25251 7 CRA-3113-2016 receiving information from Police Station Shahpura, he went to CHC Shahpura and recorded the dying declaration of the injured Sheshnarayan. At the time of recording the statement, the injured was conscious and in a fit condition to give his statement. He further deposed that Sheshnarayan stated that his wife had been living at her parental home for about one and a half years. He had gone there 3-4 times to bring her back, but her parents did not send her with him. A day prior to the incident, he again went to Village Deori to bring his wife, but her family members did not allow him to stay in the house, which led to a quarrel between him and his wife. Thereafter, he slept at his in-laws' house during the night. According to the witness, Sheshnarayan further stated that in the morning Bhim Gond attacked him with a weapon-like object, and the members of the household poured kerosene on him and set him on fire. When the fire broke out, he ran outside, where some persons assaulted him with sticks. Thereafter, other family members extinguished the fire and took him to the hospital. The dying declaration is Ex. P/4. The witness stated that before recording the statement, a certificate regarding the fitness of the injured to give the statement was obtained from the doctor. The doctor signed at points C to C, and after the statement was recorded, the doctor also certified that the injured remained in a fit condition throughout the recording of the statement.
19. Dr. Amit Jain (PW-8) was posted as Medical Officer at CHC Shahpura on 24.05.2015. He deposed that on that date, when constable Akhilesh Co. 247 of Shahpura police station brought the injured Sheshnarayan for treatment, he examined him at 12.30 pm and submitted the following report:-
Signature Not Verified Signed by: SATYA SAI RAO Signing time: 01-04-2026 19:11:52NEUTRAL CITATION NO. 2026:MPHC-JBP:25251 8 CRA-3113-2016 Injury No. 1 - Burn wounds were found on the body of the injured person, some of which were completely burnt and some were partially burnt. These were found on the lower part of the face, on the neck and on both sides of the chest, and on the front and back part of the stomach, both shoulders, lower part of both hands which were dorsal and anteroposterior, and on the upper part of both buttocks.
Injury No. 2 - Multiple cuts and lacerations were present on the neck and under the face, bleeding from the wounds. The wounds in the middle of the neck were deep, extending from the left to the middle. The largest wound measured 7 x 0.5 cm. Furthermore, there were deep wounds all around the neck. One of the wounds measured 5 x 0.5 cm, with sharp cuts at the edges.
Injury No. 3: There was another cut wound on the left side of the neck measuring 4 x 0.5 cm.
The injured person was fully conscious and able to give a statement. The report is Ex.P.5. The injured person was referred to a higher center for treatment. The injuries sustained by the injured person were found to have been caused by a hard and sharp object, namely injuries Nos. 2 and 3. He further stated that on 02.07.2015, when Constable 302 Arvind brought the deceased Sheshnarayan for post-mortem examination, he conducted the post- mortem examination. As per his opinion, the cause of death was septicemia resulting from shock caused by burns. The deceased likely died 12 to 24 hours before the autopsy. The report prepared is Ex.P.6. He further deposed that dying declaration statement of deceased Sheshnarayan was recorded by Naib Tehsildar Shahpura before him and before the statement, when he examined Sheshnarayan, it was revealed that Sheshnarayan was found to be in a correct state to give the statement.
20. Balmik Prajapati (PW-14) was posted as an Assistant Sub-Inspector at Police Station Shahpura in July 2015. He deposed that on 01.07.2015, after receiving the case diary of Marg No. 33/15 for conducting a preliminary Signature Not Verified Signed by: SATYA SAI RAO Signing time: 01-04-2026 19:11:52 NEUTRAL CITATION NO. 2026:MPHC-JBP:25251 9 CRA-3113-2016 inquest, he proceeded to the place of occurrence and summoned panch witnesses through Safina Form Ex. P/9. In the presence of the panch witnesses, he inspected the dead body and prepared the dead body Panchnama (Ex. P/10) describing the condition of the body. During the inspection, it was found that the deceased was wearing a white vest, blue shirt and a full-sleeved shirt. The back portion of the body was burnt. The chest, abdomen and both hands below the beard were also burnt. The hair on the back of the head was partially burnt, and there was a burn injury on the head. Burn injuries were present from the back up to the waist. Except for the burn injuries, no other external injuries were found on the body. He further deposed that, in order to ascertain the exact cause of death and as per the opinion of the panch witnesses, the dead body was sent to CHC Shahpura for post-mortem examination. For this purpose, he submitted a written application (Ex. P/6). He also prepared a spot map of the place of occurrence (Ex. P/8).
21. After examining the oral and documentary evidence produced by the prosecution, it appears that the father, mother, and brother of the deceased Sheshnarayan, namely (PW-11), (PW-12), and (PW-13), clearly stated that the deceased informed them that the accused Basant @ Bhim had assaulted him with a knife-like weapon, poured kerosene on him, and set him on fire. Nothing significant was brought out in their cross-examination to discredit their testimony. The evidence of Gourav Kumar Pandey (PW-7), Nayab Tehsildar, shows that after receiving information, he visited the Community Health Centre, Shahpura and recorded the dying declaration of injured Signature Not Verified Signed by: SATYA SAI RAO Signing time: 01-04-2026 19:11:52 NEUTRAL CITATION NO. 2026:MPHC-JBP:25251 10 CRA-3113-2016 Sheshnarayan. In that statement, the deceased clearly stated that the accused Basant @ Bhim assaulted him with a knife-like weapon, poured kerosene on him, and set him ablaze. Before recording the dying declaration, PW-7 obtained a medical certificate from Dr. Amit Jain (PW-8), who confirmed that the injured Sheshnarayan was conscious and fit to give his statement. This fact is also supported by the dying declaration (Ex. P/4). Nothing in the cross-examination of PW-7 and PW-8 suggests that the deceased was not in a fit condition to give the statement. The evidence also does not indicate that the deceased was tutored or influenced by anyone. It is also relevant to note that O.P. Patel (PW-14) recorded the Dehati Nalishi (Ex. P/14) based on the information given by the deceased Sheshnarayan. The same version was recorded in Ex. P/14, which corroborates the dying declaration recorded by PW-7. The evidence of PW-14 also supports the prosecution case. Furthermore, the accused Basant @ Bhim absconded after committing the offence, and no seizure could be made from him, which is a circumstance against the accused.
22. After hearing the parties and examining the record, this Court finds that the prosecution has proved the guilt of the appellant beyond reasonable doubt. In his dying declaration recorded by Gourav Kumar Pandey (PW-7) in the presence of Dr. Amit Jain (PW-8), the deceased clearly stated that the accused attacked him with a knife-like weapon, poured kerosene on him, and set him on fire. The doctor certified that the deceased was conscious and fit to give the statement. The same version was earlier recorded in the Dehati Nalishi (Ex. P/14), which corroborates the dying declaration. The medical Signature Not Verified Signed by: SATYA SAI RAO Signing time: 01-04-2026 19:11:52 NEUTRAL CITATION NO. 2026:MPHC-JBP:25251 11 CRA-3113-2016 evidence also supports the prosecution case. Although some witnesses turned hostile, the reliable dying declaration and supporting evidence are sufficient to establish the offence. The trial court has properly appreciated the evidence.
23. Accordingly, the appeal is dismissed. The conviction and sentence of the appellant under Section 302 of the Indian Penal Code is hereby affirmed.
24. Record of the trial Court be sent back forthwith.
(VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN)
JUDGE JUDGE
Rao
Signature Not Verified
Signed by: SATYA SAI RAO
Signing time: 01-04-2026
19:11:52