Madhya Pradesh High Court
Vasudev Markam vs The State Of Madhya Pradesh on 13 August, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal, Avanindra Kumar Singh
NEUTRAL CITATION NO. 2025:MPHC-JBP:38287
1 CRA-970-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 13th OF AUGUST, 2025
CRIMINAL APPEAL No. 970 of 2023
VASUDEV MARKAM
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Pramod Thakre - Advocate for the appellant.
Shri Ajay Tamrakar - Government Advocate for the
respondent/State.
ORDER
Per: Justice Vivek Agarwal
This Criminal Appeal is filed under Section 374(2) of the Code of
Criminal Procedure being aggrieved of the judgment dated 29.12.2022
passed by learned Second Addl. Sessions Judge, Multai District Betul in
Sessions Trial No. 51 of 2021, whereby learned Trial Court has
convicted the appellant under Section 302 IPC and has sentenced him to
undergo rigorous imprisonment for Life and fine of Rs.2000/- with
default stipulation of six months additional rigorous imprisonment. He
has been also convicted under Section 201 IPC and sentenced him to
undergo rigorous imprisonment for three years and fine of Rs.1000/-
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with default stipulation of 03 months additional rigorous imprisonment.
2. Shri Pramod Thakre, learned counsel for the appellant submits
that it is a case of circumstantial evidence. There is neither any witness
of last seen nor any witness who would have witnessed the event
personally. Thus, it is submitted that since chain of circumstances is not
complete and in the FSL report (Ex.P-21) merely finding of human
blood on certain articles recovered at the instance of the appellant will
not be sufficient to uphold conviction based on the circumstantial
evidence, it's a fit case to record finding of acquittal.
3. It is submitted that, both the sons of the deceased Chandru
have not supported the prosecution case. They also happened to be the
witnesses of seizure and therefore, chain of circumstances being not
complete, impugned judgment of conviction deserves to be set-aside.
4. Reliance is placed on the judgment of Supreme Court in CRA
No(s). 631 of 2017 (State of Rajasthan Vs. Hanuman) decided on 19th
June, 2025, whereby placing reliance on the earlier judgment of
Supreme Court in the case of Raja Naykar Vs. State of Chhattisgarh
(2024)3 SCC 481, it is held that, mere recovery of a blood stained
weapon even bearing the same blood group of the victim would not be
sufficient to prove the charge of murder.
5. Thus, it is submitted that, impugned judgment of conviction
especially when there is no matching of the blood-group in the present
case, finding of acquittal will be in the interest of justice.
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6. Shri Ajay Tamrakar, learned Government Advocate for State
in his turn submits that as far as seizure is concerned, that has been
supported by Dildar Salame (PW-1) and Satish Salame (PW-2). They
stated in unequivocal terms so also PW-3 Gangu Bai that appellant
Vasudev Markam had enmity with Chandaru as he suspected that his
deceased wife was a victim of practice of black magic in the hands of
Chandaru.
7. It is further submitted that, in fact chain of circumstances is
complete. Memorandum (Ex.P-10) as was given by the present
appellant is duly corroborated with the recovery and human blood is
found on the articles recovered from the present appellant.
8. It is also submitted that the place of incident is adjacent to the
fields of the present appellant Vasudev Markam as can be seen from the
spot map (Ex.P-14) and the jungle of Somjidoda is adjacent to his fields.
Thus, when there is recovery and there is motive, then conviction is
based on FSL report (Ex.P-21) is clearly reveals that there was blood on
shirt of Vasudev i.e. Article "E", blood was also on the stones Article
"G-3", "G-6" and on axe Article "H" so also the rope Article "I" and the
rear wheel of the bicycle Article "J" which appellant Vasudev admitted
in his memorandum (Ex. P-10) to have used during the transaction of
causing homicidal death.
9. Shri Ajay Tamrakar, learned Government Advocate further
submits that postmortem Doctor PW-9, has clearly stated that injuries
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were homicidal in nature and they were caused within 36 to 72 hours of
postmortem being conducted, report of which is Ex.P-12.
10. It is pointed out that Shri J.K. Vaikar, learned counsel for the
accused before the trial Court, in cross-examination asked PW-9 Dr.
Jitendra Kumar, that whether the injury found on the body of deceased
Chandaru could have been contacted on account of fall in a ditch, then
he has answered it in affirmative. But unfortunately no ditch is being
shown in the spot map (Ex.P-14) to point out that dead body of
Chandaru was recovered from a ditch and the injuries which were found
by the Doctor (PW-9) on the body of Chandaru could have been caused
on account of such fall. Thus, it is submitted that chain of circumstance
is complete, no indulgence is called for.
11. After hearing learned counsel for the parties and going
through the records.
12. Dildar Salame (PW-1) stated that, Chandru was his father.
Accused Vasudev is known to him. He has stated that his father had
gone to field at about 04:00 p.m. he did not return in the evening, then
they had not gone in search of him as many a times he used to stay back
in his field. Lateron Rupesh (PW-5) and Dilip (PW-7) came and
informed him that they had seen Chandaru lying dead in the Jungle of
Somjidoda. Then they had given information to the Police. Dead body
was recovered, it was sent to Prabhatpattan Hospital for postmortem.
13. This witness PW-1 has clearly stated that there was enmity
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between Chandaru and Vasudev. Vasudev had lost his wife and he used
to allege that deceased Chandaru had done something to his wife to
cause her death. This witness stated that the axe which was kept in the
hutment of the accused was given by him. Even bullock-cart had blood
stains and clothing of the accused were also blood stained. Police had
seized cloths, axe and bullock cart. After this witness was declared
hostile, leading questions were put to him and he stated that, bicycle of
his father was recovered from the forest of Somjidoda. He admitted that,
certain blood-stained stones were recovered by the Police in front of
him.
14. In cross-examination, this witness (PW-1) stated that
Vasudev is his neighbor. He denied any suggestion of ensuing dispute
between two parties on account of land etc. This witness denied a
suggestion that Chandaru was alcoholic. He denied a suggestion that
other persons of the village also doubted his father to be practicing
black-magic.
15. Satish Salame (PW-2) is another son of the deceased
Chandaru. He has supported the aspect of black-magic as was narrated
by Dildar Salame (PW-1). After being declared hostile, when leading
questions were put to him he admitted that his father had left home in
the afternoon of 28.02.2021. They have searched for his father. He
further admitted recovery of cloths of Vasudev from his hutment in the
fields. He also supported the recovery of blood stained stones on the
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way. This witness admitted that he had not seen his father being beaten
by the appellant.
16. Gangu Bai (PW-3) is wife of deceased Chandaru. She had
identified the dead body of her husband. She also supported the
statements of PW-1 and PW-2 that on death of wife of Vasudev he was
suspecting her husband to be indulging in black magic. In cross-
examination, this witness admitted that, prior to the incident, some days
back, there was an altercation between the appellant and her husband,
but stated that relationship between them was not strained.
17. Vinod (PW-4) stated that house of Vasudev and his house
are in close proximity. Deceased Chandaru was his father.
18. Rupesh (PW-5) stated that Chandaru was his father-in-law.
He is working as Mistri. He had discovered the dead-body of Chandaru
alongwith Dilip and Sanju. He too has supported the statement of other
witnesses that Vasudev lost his wife and was suspecting the deceased
Chandaru to be indulging in black-magic.
19. Dilip (PW-7) has supported the statement of PW-5 Rupesh.
Though he was declared to be hostile and leading questions were put to
him. He admitted in para-5 of his cross-examination that Vasudev was
not keeping good relation with Chandaru as he was suspecting Chandaru
to be involved in black-magic. he used to suspect that his wife was
killed due to black-magic of Chandaru.
20. Dr. Jitendra Kumar Atare (PW-9) was posted at Community
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Health Centre Prabhat Pattan as a Medical Officer he had conducted
postmortem and found as many as 07 injuries which are as under:
"1. There was a torn injury on the forehead of the deceased in
which a blood clot was present, the size of which was 1.5x0.3
inches and was deep up to the bone.
2. There was a torn injury above the right eyebrow in which
a blood clot was present, the size of which was 1x0.2x0.2 inches.
3. There was a contusion on the left shoulder which was
black in colour and 6 x 1.5 inches in size.
4. There was a contusion on the front of the left thigh which
was blue in colour and 7 x 2.5 inches in size. On opening the injury,
multiple fractures were found in the thigh bone and fracture was
found in the hip bone.
5. The middle part of the chest was sunken and the colour of
both the sides of the chest had turned blue. On opening, 4, 5, 6, 7
and 8 ribs of the right side were found broken and 5.6 and ribs of
the left side were found broken.
6. The right lung was ruptured and blood clots were present
in it.
7. There was a contusion on the left side of the abdomen
which was blue in colour. On opening, the spleen was ruptured and
blood clots were present in it.
All the above injuries were antemortem and were caused by
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hard or blunt objects."
21. It is further stated that, all the injuries were antemortem and
were caused by hard and blunt objection. In his opinion, he stated that,
death was homicidal on account of bursting of lungs and spleen. He
stated that death had occurred between 36 to 72 hours of postmortem.
Here a suggestion was given by learned counsel for the accused that the
injuries which were found on the body of the deceased Chandaru could
have been caused on account of fall in a ditch (Khai). However, we are
constraint to note and happy to appreciate submissions made by Shri
Ajay Tamrakar, learned Government Advocate that no ditch /khai has
been shown on the spot. Therefore, it is evident that this question has
caused damage to the case of the accused rather than helping him,
because such superfluous question means that there was nothing much to
cross-examine and a hollow formality of cross-examination was
performed.
22. Anil Rahoriya (PW-10) stated that he was working as
Chowki Prabhari on 02.03.2021. He had taken Merg No. 35/21 into
investigation. He had recorded statements of complainant Vinod and
witness Dilip and sent the dead-body of Chandaru Salame for
postmortem. FIR is Ex.P-13. Ex.P-14 is the spot map. Ex.P-10 is the
memorandum of Vasudev. Ex.P-5 is the seizure memo vide which an
blood stained axe was recovered, so also an old rope measuring 06 fit
and 05 inches which too was blood stained. Recovery of six blood
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stained stones was made vide Ex.P-7 and recovery of Atlus Company
Cycle on the seat of which GINZA was mentioned was recovered vide
Ex.P-8 and arrest memo is Ex.P-9. He had send the samples for FSL
reporting vide Ex.P-15 and Ex.P-16. Receipt of sending the materials for
FSL Reporting are Ex.P-17 and Ex.P-18.
23. In cross examination PW-10 admitted that after arrival of the
family members of Chandaru memorandum of accused was recorded.
Dilip and Arun were the witnesses of the memorandum. He also
admitted that, FIR was lodged against unknown persons. He admitted
that, in the Merg, name of the appellant is not mentioned. He clarified
that, if name of the appellant would have been mentioned, then crime
would have been registered instantaneously. Though a suggestion is
given to this witness that if somebody's feet slips and he may fall in a
ditch but this witness stated that there is a path to go down which is
rough but he did not point out towards the presence of any ditch as was
suggested by the learned counsel for the accused to the Doctor PW-9.
24. This witness (PW-10) has also proved Ex.P-21 which the
FSL Report in which it is mentioned that Article A-1, A-2, A-3, D, E, G-
3, G-6, H, I and J contains human blood.
25. Though, it is vehemently submitted by Shri Thakare, learned
counsel for the appellant that the said axe was not sent to the postmortem
Doctor (PW-9) for query report, but in our opinion, this becomes
irrelevant because the Axe (Article-H) was produced before the Court
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and since that Article was available to the Court, the appellant would
have sought permission of the Court to cross-examine the Doctor on
such Article.
26. As far as second issue is that, there was no blood matching
on the Articles recovered at the instance of the appellant from the blood
of the deceased is concerned, that too has been clarified by Anil
Rahoriya (PW-10) IO of the case by saying that since blood sample of
the deceased was not available it was not possible to have human blood
group matching of the seized articles on which human blood was found
with the blood group of the deceased.
27. When all these facts are taken into consideration, then first
aspect in the chain of circumstances is motive. Prosecution witnesses
Dildar Salame (PW-1), Satish Salame (PW-2), Gangu Bai (PW-3),
Vinod (PW-4) and Rupesh (PW-5) have proved the motive of appellant
Vasudev Markam against the deceased Chandaru saying that Vasudev
suspected Chandaru to be indulging in black-magic which became cause
of death of wife of Vasudev. Rupesh (PW-5) has also stated that, there
used to be quarrel between Chandaru and Vasudev.
28. Second link in the chain of circumstance is memorandum of
the appellant. On the basis of the said memorandum (Ex.P-10) recoveries
have been made which have been duly proved by the seizure witnesses
though they have partially turned hostile. These recoveries have been
further corroborated with the FSL Report (Ex.P-21) showing that human
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blood was available on the axe as well as shirt of the appellant besides
two of the stones which were recovered by the police on the way from
fields of Vasudev to Jungle and thirdly from the rear wheel of the
bicycle of the deceased through which appellant accepted to have
dragged the deceased from his field to the Jungle. This presence of blood
on rear wheel of bicycle belies theory of fall in a ditch as cycle was
recovered at some distance from the body.
29. On perusal of the judgment of Supreme Court in the case of
State of Rajasthan Vs. Hanuamn (supra) , what Hon'ble Supreme Court
has noted is that when theory of motive is vague and vacillating, then
even if the blood stained weapon bears the same blood group of the
victim would not be sufficient to prove the charge of murder. In that
case, it is held that, if motive and recovery of blood stained weapon even
taken in conjunction cannot constitute the complete chain of
incriminating circumstances required to bring home the charge against
the accused. In fact case of Hanuman (supra) is that of acquittal recorded
by the High Court and in that background, Supreme Court was
appreciating the material on record.
30. However, in the present case, motive has been proved by not
one but several witnesses as mentioned above. Motive was, suspected
practice of black-magic in the hands of the deceased which appellant
suspected to be cause of death of his wife.
31. In the case of Aslam @ Imran Vs. The State of Madhya
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Pradesh (Criminal Appeal No. 1538 of 2025) reported in 2025 SCC
Online SC 670, in para-20 noted that, if it has come in the evidence of
prosecution witnesses that there was a previous enmity between the
deceased and the appellant, then it will be an important link in the chain
of circumstances. It is held that, enmity is a double-edged weapon. On
one hand, it provides motive, on the other hand it also does not rule out
the possibility of false implication. Thereafter, taking this fact into
consideration, that the facts of the said case of Aslam (supra) revealed
that there was possibility of false implication finding has been recorded
accordingly. But in the present case facts are distinguishable from the
case of Hanuman (supra) as only weapon was bearing blood stains,
whereas in the present case human blood was found not only on the
weapon of offence i.e. axe but also on the shirt of the appellant besides
the rear wheel of cycle of the deceased on which appellant admitted to
had dragged the dead body of the deceased after putting him to rest.
Therefore, facts of the case of Hanuman (supra) are distinguishable.
32. As far as, motive is concerned, there is no suggestion to any
of the family members of the deceased who have been examined as PW-
1 Dildar Salame, PW-2 Satish Salame, PW-3 Gangu Bai, PW-4 Vinod,
PW-5 Rupesh and Dilip PW-7 that they had any personal grudge or
enmity with the appellant so to falsely implicate him in the matter. When
examined from this aspect, then deceased having enmity is one aspect
but surviving witnesses having enmity is another aspect. Surviving
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witnesses are not alleged to having any enmity with the accused then
theory of enmity to treat it as a double edged sword will not be
applicable under the facts and circumstances of the case.
33. Thus, when there is a motive, there is memorandum, there is
tacit admission and recovery supporting the memorandum (Ex.P-10)
coupled with FSL Report (Ex.P-21), then it cannot be said that chain of
circumstances is not complete.
34. In view of such facts, we are of the opinion that the
judgment of the trial Court is based on correct appreciation of law and
on the basis of proper appreciation of facts therefore, it does not call for
any interference in as much chain of circumstances is complete, there
cannot be any other hypothesis, other than pointing out towards the guilt
of the appellant thus prosecution having discharged its burden, impugned
judgment does not call for interference, appeal fails and is dismissed.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
AR
