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2024 Supreme(Chh) 554
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., BIBHU DATTA GURU, J.
Somadu Vetti S/o Paklu Vetti @ Barre – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 266 of 2024
Decided on : 13-08-2024
Advocate Appeared:
For the Appellant :Mr.Ashutosh Shukla, Advocate
For the Respondent:Mr.Shashank Thakur, Deputy Advocate General
IMPORTANT POINT
In cases of circumstantial evidence, all circumstances must be established beyond reasonable doubt and must exclusively point to the guilt of the accused.
Headnote:
(A) Indian Penal Code, 1860 – Sections 302/34 and 201/34 – Criminal appeal against conviction for murder and destruction of evidence – Conviction based on circumstantial evidence and confessional statements – The trial court found that the death of Sukko Vetti was homicidal, supported by postmortem findings. The appellant's confession and recovery of the murder weapon were pivotal in establishing guilt. (Paras 1, 11, 20, 34)
(B) Circumstantial Evidence – The court reiterated that in cases based on circumstantial evidence, all circumstances must be established beyond reasonable doubt and must point exclusively to the guilt of the accused. (Paras 13, 14, 18)
Facts of the case: The appellant was convicted for the murder of Sukko Vetti following a land dispute, where both accused assaulted the deceased, leading to his death. The body was subsequently buried. (Paras 3, 26)
Findings of Court: The trial court's findings were affirmed, establishing the appellant's guilt based on circumstantial evidence and confessions. (Paras 11, 35)
Issues: Whether the trial court was justified in concluding that the death was homicidal and whether the evidence was sufficient to convict the appellant. (Paras 10, 12)
Ratio Decidendi: The court held that the prosecution established a clear chain of circumstantial evidence linking the appellant to the crime, satisfying the legal standards for conviction. (Paras 18, 22)
Result: Appeal dismissed; conviction upheld. (Paras 36)
JUDGMENT :
Per Ramesh Sinha, C.J.
1. Appellant-Somadu Vetti has preferred this criminal appeal under Section 374(2) of the CrPC questioning the impugned judgment of conviction and order of sentence dated 23.12.2023 passed by the First Additional Sessions Judge, Bastar, District Jagdalpur in Sessions Trial No.25/2020, by which he has been convicted for offence under Sections 302/34 and 201/34 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.2000/-, in default of payment of fine to further undergo RI for three months and RI for five years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for one month.
2. In the present case, there are two accused namely, Somadu Vetti and Tularam Vetti. Since accused Tularam Vetti has been absconded, trial of present appellant Somadu Vetti has been separated and the trial Court has convicted him showing accused Tularam Vetti as absconder.
3. Case of the prosecution, in nutshell, is that on 25.06.2020 at about 12 noon, the quarrel took place between the accused and deceased Sukko Vetti on account of land dispute, at that time both the accused slapped Sukko Vetti (since deceased) 2-3 times. Later, around 10:00 P.M. both the accused came to Sukko Vetti and again started fighting and quarreling over the morning's dispute. During this, both accused assaulted Sukko Vetti with fists and kicks, Tularam pressed Sukko's neck and made him fall to the ground, while Somadu Vetti held Sukko's both legs and pressed them to the ground, which led to Sukko's death. After Sukko's death, both accused put his body in a white plastic bag and his clothes in a bundle, took a spade and a nilgiri stick and went to Mamadpal Pujari Para canal and took the body and his clothes by digging a pit with spade, put it in a bag and buried it. On 17.07.2020 as per the information given by the informant Jhitkuram and the villagers, a report was lodged in the Outpost Pakhnar regarding the missing person Sukko Vetti, which was recorded in Rojnamcha Sanha No.08 of the Outpost Pakhnar at 15.05 P.M. as 0/2020. After that investigating officer Prasad Sinha (PW-5) recorded the statements of Jhitkuram Kashyap, Sukhram Vetti and Maddaram Vetti. From his statement, he came to know that on 25.06.2020 there was a fight with Sukko, his younger brother Somadu and nephew Tula in the name of selling land. On this basis, further investigation was done by him. During the investigation, on 18.07.2020, he recorded the confession panchnama of accused Somdu Vetti and Tularam Vetti in front of two witnesses as per their instructions vide Ex.P-7. On 18.07.2020 a complaint was issued to Sub-Divisional Magistrate, Tokapal regarding exhumation of dead body and panchnama proceedings in case of missing person No.03/2020 of Outpost Pakhnar, Police Station Darbha vide Ex.P-16. On the same date, he issued a complaint to Senior Scientist, FSL Office, District Bastar, regarding his presence in the body of exhumation and panchnama proceedings vide Ex.P-17. On 18.07.2020 at 12.30 P.M. after reaching the burial site at village Madampal Pujari Para, Prasad Sinha (PW-5) identified the burial site and prepared it in front of two witnesses vide Ex.P-8. On the same date at 13.40 hrs in front of two witnesses at village Madampal Pujari Para Naharpar, panchnama of recovery of dead body was prepared vide Ex.P-9. During the proceedings, photography of the incident site and the burial site was taken by the FSL team, the said photograph is Article 01 and 02. On the same date at 13.50 P.M. the body identification panchnama was prepared in front of four witnesses vide Ex.P-1. On the same date at 14.05 P.M. Dehati Merg Intimation was registered in Merg No.0/2020 vide Ex.P-18. On the same date at 14.20 P.M. dehati nalishi in Crime No.0/2020 was registered under Sections 302 and 201/34 of the IPC vide Ex.P-19. On 18.07.2020 at 15.30 P.M. the investigating officer recorded the memorandum statement of accused Somdu Vetti in front of two witne
