Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Chh) 163

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ., Ravindra Kumar Agrawal, J.

In Reference of State of Chhattisgarh R/o Thana Urla, District Raipur Chhattisgarh. - Applicant
Versus
Panchram Urf Mannu Gendre, S/o Premlal Gendre - Respondent
Criminal Reference No. 2 of 2024, Criminal Appeal No. 151 of 2025
Decided On : 19-02-2025

Advocates:
Advocate Appeared:
For the Applicant : Mr. Shashank Thakur, Deputy A.G.
For the Respondent:Mr. Abhishek Sinha, Senior Advocate along with Mr. Arvind Panda, Advocate

The court ruled that the death penalty is not warranted as the case does not fall under the 'rarest of rare' category, emphasizing the need for special reasons for such a sentence.

Headnote:
(A) Code of Criminal Procedure, 1973 - Section 366(1) - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 407(1) - Death sentence confirmation - Accused convicted under Sections 363, 364, and 302 of IPC for kidnapping and murder of a minor - Death sentence awarded by trial court - Appeal against conviction and sentence filed - Court found that the prosecution proved the case beyond reasonable doubt based on circumstantial evidence including last-seen theory, motive, and recovery of the body - Court ruled that the death penalty is not warranted as the case does not fall under 'rarest of rare' category, commuted to life imprisonment instead. (Paras 1, 56, 88)

(B) Circumstantial Evidence - Requirements - The prosecution must establish a complete unbroken chain of events leading to the conclusion of guilt - The absence of eyewitnesses necessitates a rigorous standard of proof. (Paras 24, 28)

(C) Death Penalty - Guidelines - The imposition of death penalty requires special reasons and must be reserved for the gravest cases of extreme culpability - The possibility of reformation must be considered. (Paras 57, 60, 86)

Judgment :

(Ravindra Kumar Agrawal, J.)

1. The Criminal Reference No. 2 of 2024 is the reference under Section 366 (1) of the Code of Criminal Procedure, 1973 ( Section 407(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 ) made by the learned 7^th Additional Sessions Judge, Raipur for confirmation of the death sentence awarded to the accused- Panchram @ Mannu Gendre, who has been convicted by the learned 7^th Additional Sessions Judge, Raipur, in Sessions Case No. 180 of 2022, for the offences under Sections 363, 364 and 302 of IPC and sentenced for R.I. for 5 years with fine of Rs. 500/-, R.I. for 10 years with fine of Rs. 500/- in default of payment of fine further R.I. for 2-2 months and death sentence (subject to confirmation by the High Court) with fine of Rs. 1000/- in default of payment of fine further R.I. for 3 months.

2. The Criminal Appeal No. 151 of 2025 is filed by the appellant/accused- Panchram @ Mannu Gendre under Section 415(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 , against impugned judgment of conviction and sentence dated 28.11.2024 passed by learned 7^th Additional Sessions Judge, Raipur in Sessions Case No. 180 of 2022, whereby the appellant has been convicted and sentenced for the offences under Sections 363, 364 and 302 of IPC and sentenced for R.I. for 5 years with fine of Rs. 500/-, R.I. for 10 years with fine of Rs. 500/- in default of payment of fine further R.I. for 2-2 months and death sentence (subject to confirmation by the High Court) with fine of Rs. 1000/- in default of payment of fine further R.I. for 3 months.

3. Both the Criminal Reference and Criminal Appeal are arising out of the same crime number, same sessions trial and a common judgment. Therefore, both are being heard and decided together.

4. The facts of the case, in brief, are that, on 05.04.2022, at about 10:00 PM, the mother of the deceased Smt. Pushpa Chetan/PW-1 lodged a missing report that his neighbour Panchram Satnami @ Mannu had taken her two minor sons- Divyansh and Harsh Kumar Chetan, at about 10:00 AM to visit places and after some time, he left Divyansh to her house and again taken Harsh Kumar Chetan with him, but till that time he has not returned back to her house. Despite his search in nearby places, his whereabouts could not be traced out. She described her physic and wearing of her minor son to the police. The report of Smt. Pushpa Chetan/PW-1 was reduced in writing at Police Station Urla, District Raipur, in Rojnamcha Sanha No. 47, dated 05.04.2022, which is Exhibit P-33. FIR/Exhibit P-34 was also registered as Crime No. 140 of 2022 at Police Station Urla, District Raipur, against the appellant/ accused- Panchram Satnami @ Mannu, for the offence under Section 363 of IPC.

5. During the investigation, the mobile number of the appellant/accused was collected and was kept under surveillance and after examining its tower location, ultimately, the appellant/accused was traced out and, on the basis of his mobile location, found at Nagpur, Maharashtra, and he was arrested on 07.04.2022 at Nagpur, and the police has taken him to Urla Police Station, Raipur. The appellant/accused was interrogated, and his memorandum statement/ Exhibit P-8 was recorded in the presence of the witnesses Ashish Yadav and Johan Dinkar on 08.04.2022 at 10:00 AM. In his memorandum statement, he disclosed the entire incident and also disclosed that he burnt the deceased near Nevnara and Akoli Khar, and he sold his motorcycle to Kiran Auto, Bhilai. He kept his shirt in his bag, and he was running the mobile SIM number of his mother. On the basis of his memorandum statement, the police proceeded towards the place where the appellant/accused alleged to have committed the murder of the deceased. The police have also called the Forensic Team at the place of the incident through the memo/Exhibit P-36. When the police reached on the spot on 08.04.2022 at about 10:30 AM along with the appellant/accused and witnesses on the pointing out of the appellant, the ha