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2026 Supreme(SC) 184

PRASHANT KUMAR MISHRA, VIPUL M. PANCHOLI
Neelu @ Nilesh Koshti – Appellant
Versus
State Of Madhya Pradesh – Respondent


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.

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 u

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        Judicial Analysis

        No cases identified as bad law. None of the descriptions contain keywords or phrases such as "overruled," "reversed," "abrogated," "criticized," or "questioned" indicating negative treatment or invalidation.

        No cases categorized here. No clear, unambiguous indicators of positive or neutral treatment patterns (e.g., "followed" or "distinguished" explicitly referring to subsequent judicial treatment of the case) were found in any description.

        Pulukuri Kottaya and others VS Emperor - 1946 0 Supreme(SC) 49: Treatment unclear. The description summarizes the main legal point on interpretation of S. 162 Cr.P.C. and S. 27 Evidence Act, with no keywords or phrases (e.g., "followed," "overruled") indicating how this case was treated in subsequent decisions. It appears to be a holding summary only.

        Bodh Raj VS State Of J & K - 2002 6 Supreme 154: Treatment unclear. Although the word "followed" appears ("High Court followed correct principles"), it describes the High Court's approach in this case's facts and circumstances, not subsequent decisions following or treating this case. No other treatment indicators present; appears to be a holding summary.

        Mulakh Raj etc. VS Satish Kumar - Crimes (1992): Treatment unclear. The description states a rule on circumstantial evidence for murder convictions, with no keywords or phrases indicating judicial treatment by subsequent decisions. Appears to be a holding summary only.

        Udai Bhan VS State Of U. P. - 1962 0 Supreme(SC) 32: Treatment unclear. The description summarizes admissibility under S. 27 Evidence Act, with no keywords or phrases (e.g., "followed," "distinguished," "overruled") indicating treatment in subsequent decisions. Appears to be a holding summary only.

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