SUPREME COURT OF INDIA
Prashant Kumar Mishra, Vipul M. Pancholi, JJ.
Neelu @ Nilesh Koshti – Appellant
Versus
The State Of Madhya Pradesh – Respondent
Criminal Appeal No. 5357 of 2025
Decided On : 20-02-2026
(A) Indian Penal Code, 1860 – Sections 302 and 201 – Murder and disappearance of evidence – Life imprisonment – Circumstantial evidence – Deceased lady fell victim for a plot of kidnapping for getting ransom from her husband – When conviction is solely based on circumstantial evidence, there should be no breakage in chain of circumstances, leading to culpability of accused, within all human probability – Death was homicidal in nature – Delay in lodging missing report, by itself, does not vitiate prosecution’s case – When a family member goes missing, family naturally hopes for the person’s return and often conduct their own search before approaching Police – Delay of three days in present case, is neither excessive nor unusual in such circumstances – Evidence establishes that after deceased went missing, her Mobile Phone was in possession of somebody, who was using the same for making ransom calls to deceased’s husband – Appellant’s memorandum statement under Section 27 of Evidence Act, led to discovery of dead body of deceased – Absence of DNA testing does not vitiate identification when credible and consistent testimonies of witnesses who knew deceased personally are available on record – Rate of decomposition of body will change drastically in different environments – In cases based on circumstantial evidence, motive is not an absolute necessity when chain of circumstances is otherwise complete and points conclusively to guilt of accused – Prosecution has established complete and unbroken chain of circumstances that points irresistibly to guilt of appellant – Concurrent findings of both Courts below upheld. (Paras 13, 15, 16, 17, 19, 25, 26, 27, 28, 29 and 30)
(B) Indian Evidence Act, 1872 – Section 27 – Disclosure statement – When a fact is discovered on strength of information obtained from a prisoner, such discovery serves as a guarantee of truthfulness of information supplied – Whether information is confessional or non-inculpatory in nature, if it results in discovery of a fact, it becomes reliable information – "Fact discovered" embraces not merely object recovered, but place from which object was produced and knowledge of accused as to its existence, and that information given must relate distinctly to that effect – Recovery embodies "doctrine of confirmation by subsequent events". (Paras 22 and 23)
Facts of the case:
Instant Appeal calls in question impugned judgment dated 01.12.2023 in Criminal Appeal No.389/2016 passed by High Court of Madhya Pradesh at Indore, whereby, High Court dismissed appeal preferred by appellant and upheld judgment of Additional Sessions Judge and Special Judge (Electricity Act 03), wherein appellant was convicted for offences under Sections 302 and 201 of Indian Penal Code, 1860, and sentenced to undergo life imprisonment and a fine of Rs.1000/- for offence under Section 302 of IPC and seven years of rigorous imprisonment with fine of Rs.1000/- for offence under Section 201 of IPC along with default stipulations.
Findings of Court:
Taking note of fact that appellant has undergone more than 15 years of imprisonment, he is granted liberty to apply for remission, and State shall consider case of appellant for remission in accordance with applicable policy.
Result : Appeal dismissed.
JUDGMENT :
PRASHANT KUMAR MISHRA, J.
1. This Appeal calls in question the impugned judgment dated 01.12.2023 in Criminal Appeal No.389/2016 passed by the High Court of Madhya Pradesh at Indore, whereby, the High Court dismissed the appeal preferred by the appellant and upheld the judgment of the Additional Sessions Judge and Special Judge (Electricity Act 03), wherein the appellant was convicted for the offences under Sections 302 and 201 of the Indian Penal Code, 1860, and sentenced to undergo life imprisonment and a fine of Rs.1000/- for the offence under Section 302 of the IPC and seven years of rigorous imprisonment with a fine of Rs.1000/- for the offence under Section 201 of the IPC along with default stipulations.
FACTUAL MATRIX
2. On 28.07.2009, Bhagwati Bai (P.W.4) lodged a missing report at Pardeshipura Police Station, Indore, stating that her daughter Archana @ Pinki was missing from 25.07.2009. During the course of investigation, it came to light that the mobile phone of Archana @ Pinki was being used by a person who allegedly had custody of her, and was seeking a ransom of Rs. 5 lakh from her husband Rajesh (P.W.12). The SIM card belonging to Archana @ Pinki was actively used in her phone till 01.08.2009.
3. It was found that, there was another SIM card which was being used in her phone, particularly belonging to one Shekhar Chouhan (P.W.6). Upon further investigation, it was unearthed that, Shekhar Chouhan purchased the mobile phone belonging to Archana @ Pinki from the appellant.
4. The prosecution alleges that, the appellant along with his friend Jai hatched a conspiracy to grab money from Archana @ Pinki’s husband by abducting her. Even though, her husband-Rajesh agreed to pay the ransom, unfortunately, she was murdered and her body was stuffed in a sack, and was thrown into a well.
5. The prosecution’s case further elicits that, on 10.08.2009 during the investigation, Inspector S.M. Jaidi (P.W.23) recorded a memorandum statement of the appellant under Section 27 of the Indian Evidence Act, 1872 (for short, ‘the Evidence Act’), leading to the recovery of the body of the deceased-Archana @ Pinki. After completion of the investigation, a charge- sheet was filed and the Trial Court framed charges under Sections 302/34 and 201 of the IPC against the appellant. The Trial Court after appreciating the entire evidence convicted the appellant for the offences under Sections 302 and 201 of the IPC. The appellant’s appeal challenging his conviction was also futile, as the High Court affirmed the findings of the Trial Court and held as follows:
6. Hence, the appellant is before us, challenging the concurrent findings of the High Court and the Trial Court.
SUBMISSIONS
7. At the outset, the learned counsel for the appellant argued that there has been an inordinate delay in filing the missing report. The deceased was allegedly missing from 25.07.2009, but the report was filed only on 28.07.2009, without assigning any reason for such delay. He further contended, that though the husband of the deceased, alleged that he received a ransom call for Rs.5 lakh, no evidence is placed to substantiate the same.
8. The learned counsel for the appellant submitted that, even though, the body of the deceased was recovered from the well in a decomposed state, the prosecution did not indicate as to who identified the body of the deceased.
9. Lastly, the learned counsel contended that the Investigation Officer (P.W.23) had not obtained any call details of the deceased’s mobile phone and in absence o
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