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2012 Supreme(Chh) 251
HIGH COURT OF CHHATTISGARH, BILASPUR
Sunil Kumar Sinha & Radhe Shyam Sharma, JJ.
KAMLESH URAON ALIAS BIRANSAI ALIAS CHUNDA ALIAS BODARO ALIAS MOTU – Appellant
Vs.
STATE OF C.G. – Respondent
Criminal Appeal No. 340 of 2011
Decided on : 18-10-2012
Shri Sunil Tripathi, Advocate, for the Appellant.
Shri Rajendra Tripathi, Panel Lawyer, for the State/ respondent.
The main legal point established in the judgment is the requirement for circumstantial evidence to be fully established, conclusive, and incapable of explanation on any other hypothesis than the guilt of the accused in cases relying on such evidence.
Headnote:
Criminal Law - Circumstantial Evidence - IPC 376(1), IPC 302 - [Section 376(1) IPC, Section 302 IPC] - The court analyzed the circumstantial evidence and found it insufficient to establish the guilt of the accused beyond reasonable doubt, leading to the acquittal of the appellant.
Fact of the Case:
The appellant was convicted and sentenced for the rape and murder of a woman based on circumstantial evidence. The prosecution's case relied on the appellant's presence near the crime scene, recovery of incriminating items, and an alleged extra-judicial confession.
Finding of the Court:
The court found the circumstantial evidence presented by the prosecution to be inconclusive and incapable of proving the guilt of the appellant beyond reasonable doubt. The court emphasized the lack of conclusive evidence and the incomplete chain of circumstantial evidence.
Issues: The key issue was whether the circumstantial evidence presented by the prosecution was sufficient to establish the guilt of the appellant for the alleged rape and murder.
Ratio Decidendi: The court emphasized that in cases relying on circumstantial evidence, the circumstances must be fully established, conclusive in nature, and incapable of explanation on any other hypothesis than the guilt of the accused. The court also highlighted the need for a complete chain of evidence and the exclusion of every possible hypothesis except the guilt of the accused.
Final Decision: The court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of the charges, ordering his immediate release from custody.
Radhe Shyam Sharma, J.
1. This appeal is directed against judgment dated 15-4-2011 passed by 2nd Additional Sessions Judge, Surguja (Ambikapur) in Sessions Trial No.93/ 2008. By the impugned judgment, accused/appellant Kamlesh Uraon alias Biransai alias ehunda alias Bodaro alias Motu has been convicted and sentenced in the following manner with a direction to run the sentences concurrently:
Conviction Sentence
Under Section 376(1) IPC Imprisonment for life and to pay fine of
Rs.1,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 1 month
Under Section 302 IPC Imprisonment for life and to pay fine of Rs.1,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 1 month
2. Case of the prosecution, in brief, is as under:-
On 10-12-2007, at about 10:20 P.M., complainant Ramnath (PW-2) lodged First Information Report (Ex.P-4) in Police Station Ambikapur that he was residing in Bhatthapara, Ambikapur along with his wife Suganti Bai (PW4). For the last one week, deceased Ku. Suchita, resident of Sitapur, was residing with them due to labour work. His second wife Dharma Bai (PW-3) was residing in a raw house built in Bada of Chirauji Seth. The deceased, after living with the appellant for sometime, left him. The appellant used to go to Dharma Bai (PW -3) also. On this count, a dispute arose between the appellant and Dharma Bai and the appellant had threatened Dharma Bai (PW-3) of life. On 10-12-2007 itself, at about 8 P.M., on receiving information of death of uncle of Ramnath (PW-2), he had gone to Kharsiya Chowk along with his both wives Suganti Bai (PW-4) and Dharma Bai (PW-3) to attend the last rituals. The deceased was left in the house of Dharma Bai (PW-3) to cook food. After returning at about 10: 15 P.M., they saw that Sankal and lock of the door of the house of Dharma Bai (PW-3) was broken and the deceased was lying dead inside the house. The deceased had sustained deep cut injury on the neck and her skirt was lifted up. Due to dispute with Dharma Bai (PW-3), the appellant used to threaten of life to Dharma Bai (PW-3), Ramnath (PW-2) and Suganti Bai (PW-4). Ramnath (PW-2) was suspecting that it was the appellant who would have committed rape with the deceased and killed her. Merg Intimation (Ex.P-3) was also recorded in Police Station Ambikapur. The Investigating Officer reached the place of occurrence, gave notice (Ex.P-1) to Panchas and prepared inquest (Ex.P-2) on the dead body of the deceased. The dead body of the deceased was sent to District Hospital, Ambikapur for post mortem examination vide Ex.P-10. Dr. K.R. Tekam (PW-6) conducted post mortem on the dead body of the deceased and gave his report (Ex.P-7), in which, he found two incised wounds, 12cms x 5cms x 2cms and 7cms x 2cms x 2cms on the right side of neck, multiple contusion on the chest, lacerated wound on the lip, incised wound extending from right side of umbilical region to labia majora, abrasion on labia minora, hymen was old ruptured. He opined that mode of death of the deceased was shock due to excessive haemorrhage leading to cardiopulmonary arrest.
In further investigation, memorandum statement (Ex.P-12) of the appellant was recorded under Section 27 of the Evidence Act and at his instance, a sabbal was seized from him vide EX.P-13. Underwear of the deceased, plain soil and blood stained soil were seized from the place of occurrence vide Ex.P11. Shirt, half pant, lungi, underwear and a pair of black chappal of the appellant were seized vide EX.P-14. Confessional statement (Ex.P-18) of the appellant was recorded. The seized articles were sent to Forensic Science Laboratory, Raipur for chemical examination vide EX.P-20. Report (Ex.P-22) was received therefrom. Serological Report (Ex.P-23) was also received. In Ex.P-22, articles A - underwear, B1 -blood stained soil, C - slide of vaginal swab of the deceased, D - sabbal, E - shirt, F -half pant, G - lungi of the appellant were found stained
