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IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
Ramesh Sinha, Ravindra Kumar Agrawal, JJ.
Rajesh Chandrakar S/o Shivram Chandrakar - Appellant
Vs.
State of Chhattisgarh through Station House Officer, Police of Police Station Ranchirai, District Balod, Chhattisgarh - Respondent
Criminal Appeal No.1130, 1051 of 2016
Decided On : 01-04-2024
Conviction - Murder - IPC 302, 397, 201/34 - Summary
Fact of the Case:
The case involved the murder of two individuals and the theft of their ornaments. The deceased were found with severe injuries, and their ornaments were missing. The police seized the stolen ornaments and clothes stained with human blood from the accused.
Finding of the Court:
The court found the accused guilty based on the identification of the stolen ornaments by the son of the deceased, the presence of human blood on the accused's clothes, and the lack of explanation for the incriminating circumstances.
Issues: The main issue was the guilt of the accused in the murder and theft of ornaments.
Ratio Decidendi: The court relied on the identification of the stolen ornaments, the presence of human blood on the accused's clothes, and the lack of explanation for the incriminating circumstances to establish the guilt of the accused.
Final Decision: The court maintained the conviction of the accused for murder and theft of ornaments, sentencing the main accused to life imprisonment and the co-accused to the period already undergone in jail with a fine.
JUDGMENT ON BOARD :
Ravindra Kumar Agrawal, J.
1. Since both the appeals arise out of same crime and same sessions case, they are being heard and decided together by this common judgment.
2. Challenge in these appeals are the judgment of conviction and sentence dated 09.08.2016 passed by the Sessions Judge, Balod District Balod in Sessions Case No. 62/2015 whereby the appellant Rajesh Chandrakar (in CRA No.1051 of 2016) has been convicted for the offence under Sections 302, 302, 397 and 201/34 IPC and sentenced as under:
| Offence | Punishment | Fine | In default to pay fine |
| U/s 302 IPC | Life imprisonment | 1000/- | Additional RI for two months |
| U/s 302 IPC | Life imprisonment | 1000/- | Additional RI for two months |
| U/s 397 IPC | R.I. for 10 years | 1000/- | Additional RI for two months |
| U/s 201/34 IPC | R.I. for 3 years | 1000/- | Additional RI for two months |
whereas, the appellant Smt. Santoshi Nirmalkar (in CRA No.1130 of 2016) has been convicted for the offence under Sections 201/34 and 411 IPC and sentenced as under :
| Offence | Punishment | Fine | In default to pay fine |
| U/s 201/34 IPC | R.I. for 3 years | 1000/- | Additional RI for two months |
| U/s 411 IPC | R.I. for 3 years | 1000/- | Additional RI for two months |
3. Brief facts of the case are that, on 17.04.2015 in the evening when PW-3, Seema Chandrakar, relative of the deceased persons, went to the house of deceased persons, she saw that the deceased Nirmala Chandrakar was lying dead in her house. She immediately informed PW-1, Dukhharan Chandrakar, who is brother of another deceased Komal Chandrakar. When PW-1, Dukhharan Chandrakar came to the house, he also saw that both the deceased persons Smt. Nirmala Chandrakar and Komal Chandrakar were lying dead. He immediately informed about the incident to the police at Police Station Ranchirai District Balod. Unnumbered Dehati Nalisi Ex.P/1 was recorded by the police on 17.04.2015 at 17:15 hours. It has also been reported by PW-1 Dukhharan that his brother Komal Chandrakar was in preparation of marriage of his son and for that purpose he had purchased the gold and silver ornaments. The door of Almirah was open and someone has looted the said ornaments also. Dehati Merg intimation Ex.P/2 was recorded with respect to death intimation of Komal Chandrakar and Merg Intimation Ex.P/3 was recorded with respect to Smt. Nirmala Chandrakar. Inquest Ex.P/7 & Ex.P/8 was prepared with respect to dead body of Komal Chandrakar and Nirmala Chandrakar respectively. FIR Ex.P/34 was registered against unknown persons on 18.04.2015 for the offence under Sections 460,397 and 302 IPC. Both dead bodies were sent for its postmortem to Community Health Centre, Gunderdehi, where PW-9, Dr.C.B. Prasad has conducted postmortem of both the bodies and gave his report Ex.P/35 with respect to Komal Chandrakar and Ex.P/36 with respect to Nirmala Chandrakar. While conducting postmortem, the doctor has found the following injuries on dead body of both the deceased :
| Dead body of | Injuries |
| Komal Chandrakar | Right side carotid artery cut by deep cut wound Right occipital region-stab wound 1x1/2x1/2 inch with occipital bone fractured. Deep cut wound present at right ear at lobule & extended behind it over the mastoid process, reached up to occipital bone. Multiple fractured ribs on right side. |
| Nirmala Bai | Lacerated wound approx 8x2x2.5 cm over left side mandible, bone depth with compound fractured lower jaw. Deep lacerated wound approx 8x2x2.5cm over left ear pinna, involving mastoid process of same side. Bleeding from left ear. Bleeding from both nostrils. Left eyesemi open-conjunctival hemorrhage present. Right eye closed, blacking present around eye. Face and both forearms were blood stained, both hands, palms and dorsal aspect were also bloodstained. |
4. The doctor opined the cause of death of deceased Komal Chandrakar due to hemorrhagic shock due to arterial bleed (right side carotid
The identification of stolen property, presence of human blood on the accused's clothes, and lack of explanation for incriminating circumstances can establish guilt.
The necessity for the prosecution to prove guilt beyond reasonable doubt in cases relying on circumstantial evidence, and the importance of establishing a clear connection between the accused and the....
The prosecution must establish a complete chain of circumstantial evidence for conviction; failure to prove the last seen theory and inconsistencies in witness testimonies led to the acquittal.
In criminal cases based on circumstantial evidence, the prosecution must prove guilt beyond reasonable doubt, and any reasonable doubt must benefit the accused.
Circumstantial evidence must form an unbroken chain pointing solely to the guilt of the accused; confessions made in police custody are inadmissible unless they lead to the discovery of facts.
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
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