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2026 Supreme(SC) 184

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

Advocates appeared:
For the Appellant(s) : Ms. E. R. Sumathy, AOR Mr. S. Anand, Adv. Mr. Harsh, Adv.
For the Respondent(s): Mr. Pashupathi Nath Razdan, AOR Mr. Anshuman Srivastav, Adv. Ms. Maitreyee Jagat Joshi, Adv. Mr. Astik Gupta, Adv. Ms. Akanksha Tomar, Adv.

IMPORTANT POINTS
(1) Circumstantial evidence – 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.
(2) Disclosure statement – "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.

Headnote:

(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.

Judgement Key Points

Cross-Examination Questions for PW-4 (Bhagwati Bai - Mother of Deceased, Lodged Missing Report)

  1. You stated that your daughter went missing on 25.07.2009, but you only approached the police on 28.07.2009 – what were you doing in those three days? (!) (!)
  2. Did you or your family search for your daughter independently before going to the police station? If yes, whom did you contact and what steps did you take? (!)
  3. Why did you not lodge the missing report immediately on 25.07.2009 if you knew she was missing that day? (!)

Cross-Examination Questions for PW-12 (Rajesh - Husband of Deceased, Ransom Calls)

  1. You claim to have received ransom calls demanding Rs. 5 lakh from your wife's mobile number – can you specify the exact dates, times, and duration of each call you received? (!) (!)
  2. Did you record any of these ransom calls or save the call logs on your phone? If not, why? (!)
  3. Apart from your testimony, is there any independent witness who heard these ransom calls with you? (!) (!)
  4. You say the calls were from your wife's mobile number 9977907439 – how did you confirm it was her voice or someone claiming to have her in custody? (!) (!)

Cross-Examination Questions for PW-21 (Rajesh Kumar Singh - Idea Cellular Representative, Call Details) and PW-23 (IO S.M. Jaidi)

  1. The call details (Ex.P/25) cover 20.07.2009 to 08.08.2009 – can you confirm if they specifically show calls from 9977907439 to PW-12's number post 25.07.2009 demanding ransom? (!)
  2. Why were call details only obtained from Airtel and Idea up to 03.08.2009 or 08.08.2009, and not the full period after the missing date? (!)
  3. The call details mention numbers like 9890815777, 9225615777, and 9225805293 – how do they link directly to the appellant or prove ransom demands? (!)
  4. As IO, you state call details were received, but were they analyzed to tower locations to show where the phone was used post-missing? If not, why? (!)

Cross-Examination Questions for PW-6 (Shekhar Chouhan) and PW-5 (Krushna Sharma - Phone Sale Chain)

  1. You bought the phone from the appellant in August 2009 for Rs. 2500 – did the appellant tell you where he got it from or whose phone it was? (!) (!)
  2. Was there any SIM in the phone when you bought it, and if so, whose was it? (!)
  3. How soon after 25.07.2009 did you buy and resell this phone – exactly on which date? (!)
  4. Many second-hand phones are sold cheaply – does mere purchase prove the seller kidnapped or killed anyone? (!)

Cross-Examination Questions for PW-23 (IO - Disclosure and Recovery of Body) and Panch Witnesses

  1. In the memorandum under Section 27, what exact words did the appellant use to disclose the location of the body – was it specific to the well near Tasaali Dhaba? (!) (!) (!)
  2. Could the location of the well be known to others, or was it publicly accessible? (!) (!)
  3. Was the sack containing the body marked or unique in any way that only the appellant would know about? (!)
  4. Prior to the appellant's disclosure, had any search been conducted near Indore Bypass Road or Tasaali Dhaba for the body? (!)

Cross-Examination Questions for PW-2 (Dilip - Brother-in-Law, Body Identification) and PW-9 (Abdul Wakil - Auto Driver, Body Identification)

  1. The body was recovered on 10.08.2009, 16 days after missing – you identified it based on clothing alone; was the face completely decomposed or recognizable? (!) (!)
  2. As brother-in-law, when did you last see the deceased alive, and how certain are you that jeans and T-shirt were unique to her? (!)
  3. No DNA or dental records were matched – isn't it possible the body was someone else's dressed similarly? (!) (!)
  4. You were a panch witness – did the body smell badly, and were facial features intact enough for positive ID? (!) (!)
  5. PW-9, as auto driver, how often did you see the deceased's face clearly, and could decomposition have changed it unrecognizably? (!)

Cross-Examination Questions for PW-20 (Dr. N.M. Unda - Post-Mortem Doctor)

  1. The body showed "primary stage of rot and partial adipocere changes" after ~16 days – isn't this inconsistent with slower decomposition in water as per general medical knowledge? (!) (!)
  2. Ligature marks and throttling were noted, but were they ante-mortem or could be post-mortem due to sack/ropes? (!)
  3. The arm wound was ante-mortem, but no other injuries linking to struggle with a specific person – correct? (!)
  4. Without DNA, how can identity be confirmed medically when decomposition preserved only clothed parts? (!) (!)

Cross-Examination Questions for PW-8 (Rajendra Gupta - Parking Owner, Scooty Recovery) and PW-23 (IO)

  1. You say a "boy" parked the scooty on 25.07.2009 at 5 PM for Rs. 30 – can you describe his appearance, name, or any details to identify him as the appellant? (!) (!)
  2. The scooty remained parked till 10.08.2009 – anyone could have parked it, so how does appellant's disclosure prove he was involved? (!)
  3. Was the parking register entry checked for other similar vehicles or false entries possible? (!)

General Cross-Examination Questions for PW-23 (IO) on Chain of Evidence

  1. No eyewitness to murder, no recovery of murder weapon, no fingerprints/DNA on body/sack/scooty/phone linking appellant – correct? (!) (!)
  2. Jai (co-conspirator) mentioned – was he arrested/tried, and what evidence against him? (!)
  3. Motive of ransom – husband agreed to pay, so why kill if greed to avoid sharing? Any proof of conspiracy? (!) (!)

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:

    “20. Looking to the testimony of all these witnesses coupled with the medical evidence and other piece of circumstantial evidence available on record, we are of the considered opinion that trial court did not commit any error in holding that appellant has murdered the deceased Pinki for non-fulfillment of his demand of ransom by strangulating her and kept her body in an empty sack and destroyed the evidence of murder by throwing her dead body into the well.”

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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