2026 Supreme(All) 1309

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
Rajnish Kumar, Babita Rani, JJ.
Pawan Kumar - Appellant
Versus
State of U.P. - Respondent
Jail Appeal No. - 774 of 2016
Decided On : 08-07-2026

In cases of circumstantial evidence, conviction is sustainable if the prosecution establishes a complete chain of events consistent only with the accused's guilt, corroborated by relevant subsequent conduct under Section 8 and discoveries made under Section 27 of the Indian Evidence Act.

Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 201 / Indian Evidence Act, 1872 - Sections 8 and 27 / Code of Criminal Procedure, 1973 - Section 374(2) - Conviction for murder and causing disappearance of evidence - Case based on circumstantial evidence - Prosecution must prove the chain of circumstances such that it leads to the irresistible conclusion of the guilt of the accused - "Five golden principles" of proof in circumstantial cases require that: (1) circumstances from which conclusion of guilt is drawn should be fully established; (2) established facts should be consistent only with the hypothesis of guilt; (3) circumstances should be of a conclusive nature; (4) they should exclude every possible hypothesis except the one to be proved; and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused (Paras 22-25).

(B) Indian Evidence Act, 1872 - Section 8 - Relevance of conduct - Conduct of a party, either previous or subsequent to the commission of a crime, is relevant if such conduct influences or is influenced by a fact in issue - Absconding after the occurrence and filing a false report to mislead the investigation constitutes relevant subsequent conduct providing a close nexus to the fact in issue (Paras 49-53).

(C) Indian Evidence Act, 1872 - Section 27 - Discovery of fact - Information received from an accused in police custody that leads to the discovery of a material object (e.g., a spade used for burial) is admissible as a relevant fact, provided the discovery is deposed to in court (Paras 56-58).

(D) Evidence - Reliability of witnesses - Conviction can be based on the testimony of a single reliable witness, even if that witness is a related party, provided the testimony is trustworthy - Extra-judicial confessions, when corroborated by the recovery of material objects and consistent conduct, lend weight to the prosecution's case (Paras 55, 61-63).

Facts of the case:
The deceased went missing from her home. The husband initially informed the father-in-law of her disappearance and later lodged a non-cognizable report alleging she had eloped with another person due to illicit relations. Subsequently, a decomposed skeleton was recovered from a ditch near a pond close to the husband's house. Medical evidence indicated that death occurred approximately three weeks prior to the post-mortem, aligning with the date the deceased went missing. Following his arrest, the husband disclosed the location of the spade used to dig the ditch for concealing the body, which was subsequently recovered.

Findings of Court:
The court found that the husband's suspicion of illicit relations provided a motive for the murder. The internal contradictions in the husband's reports, his act of absconding after the body's recovery was pointed out, the recovery of the body from a location near his house, and the subsequent recovery of the burial tool based on his disclosure statement formed a complete and unbroken chain of circumstances proving his guilt.

Issues: Whether the circumstantial evidence presented by the prosecution was sufficient to establish a complete chain of events that excluded any hypothesis of innocence and proved the accused's guilt beyond a reasonable doubt.

Ratio Decidendi: Where the motive is established, the conduct of the accused is incriminating (absconding and making false reports), and the recovery of the body and the weapon of concealment is linked to the accused through disclosure and physical evidence, the chain of circumstances is complete. Such evidence, meeting the "five golden principles" of circumstantial proof, justifies a conviction.

Result: Appeal dismissed.

JUDGMENT :

Rajnish Kumar, J.

(1) This jail appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (here-in-after referred to as “Cr.P.C.”) has been filed by convict/appellant, Pawan Kumar, assailing the judgment and order dated 27.05.2016 passed by Additional Sessions Judge, Court No.9, Hardoi, in Sessions Trial No. 344 of 2014; State Versus Pawan Kumar, emanating from Case Crime No. 572 of 2014, under Sections 302, 201 of the Indian Penal Code, 1860 (here-in-after referred to as “I.P.C.”), Police Station Pihani, District Hardoi, whereby the appellant has been convicted and sentenced as under :-

I. Under Section 302 I.P.C.; to undergo life imprisonment and fine of Rs.50,000/-. In default of payment of fine, to undergo additional one year’s simple imprisonment.

II. Under Section 201 I.P.C.; to undergo three years’ R.I. and fine of Rs.5,000/-. In default of payment of fine, to undergo additional three months’ simple imprisonment.

All the sentences have been directed to run concurrently and half of the fine on deposit, would be paid to the complainant as compensation.

FACTS

(2) The complainant, Rajendra son of late Lochan, resident of village Shivari, police station Hariyanwan, district Hardoi, submitted a written complaint (Ext. Ka.1) on 22.05.2014 to Station House Officer, police station Pihani, district Hardoi, alleging therein that the marriage of his daughter, Kusuma aged 21 years, was done about three years ago with Pawan son of Ramdas Raidas, resident of village Itara, police station Pihani, district Hardoi. His son-in-law Pawan had given information of absconding of his daughter Kusuma that she had gone somewhere in the night of 04.05.2014 at about 09:00. When he came to village Itara, his daughter was not at home. They kept searching for her. On account of illicit relations of Kusuma with Rajeev son of Ram Ratan Raidas, resident of village Itara and on account of complete suspicion, his son-in-law Pawan lodged a case, N.C.R. No. 159/2014 under Section 498 I.P.C. on 17.05.2014, at police station Pihani against Rajeev son of Ram Ratan. On 22.05.2014, he came to know that his daughter Kusuma had been murdered by his son-in-law Pawan and her body has been buried in a pond situated between village Itara and Mathhia. He strongly believes that on account of suspicion of her having illicit relationship with Rajeev, his son-in-law, murdering his daughter, concealed her dead body. The body buried in the pond is of his daughter Kusuma. The body may be exhumed and necessary action may be taken.

(3) On the basis of the aforesaid written report (Ext. Ka.1) , check F.I.R., bearing Case Crime No. 572 of 2014, under Sections 302 and 201 I.P.C. was registered at police station Pihani, district Hardoi on 22.05.2014 at 18:20 hours against accused Pawan.

(4) The investigation of the case was conducted by Sub-Inspector Nagendra Kumar Mishra (P.W.6). He, on getting copy of check F.I.R. and copy of G.D. report, recorded statement of scriber of check F.I.R., Head Moharrir Mohd. Farid Khan, and the complainant Rajendra in the case diary. Thereafter, he proceeded from the police station to the place of occurrence village Itara. He informed the Sub-Divisional Magistrate, Shahabad for conducting the proceedings of panchayatnama (inquest) and secured the place of occurrence. The proceedings of panchayatnama could not be conducted on 22.05.2014 on account of night. On 23.05.2014, on the direction of Sub- Divisional Magistrate, Shahabad, Judicial Magistrate, Tehsildar Ramavtar Verma, came at the place of occurrence and after completion of inquest proceedings, the dead body was sent for post-mortem. Thereafter, he, on the pointing out of the complainant, inspected the place from where the dead body of the deceased was recovered and prepared the site-plan. He also prepared the seizure memo (fard) of the clothes and other articles of the deceased recovered from the place of occurrence. On 26.05.2014, he arrested the accused Pawan and recorded his dis

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