Circumstantial evidence must form a complete and coherent chain that excludes all reasonable hypotheses of innocence to sustain a conviction for murder.

Judgement on Board

Per Ramesh Sinha, C.J.

25/03/2025

1. The present appeal under Section 415(2) of Bharatiya Nagarik Suraksha Sanhita , 2023 (in short ‘ BNSS ’) has been filed by the appellant against impugned judgement of conviction and sentence passed by learned Second Additional Sessions Digitally signed by V Judge, Manendragarh, District Koriya in Sessions Case No. 21 of 2019, whereby the appellant has been convicted for the offence under Section 302 of IPC and sentenced for life imprisonment with fine of Rs. 5000/-, in default of payment of fine further R.I. for 05 months.

2. The brief facts of the case are that on 09.01.2019, at about 7:30 PM when the first informant Ramkripal (PW-6) was going to the grocery shop, he saw the abandoned hutment is burning, which was situated on the side of pond belonging to the village Bhola Yadav. When he went there along with Manish Shrivastava and Balender, they felt smell of something burning inside the hutment, and then Manish Shrivastava had informed the police through his mobile phone. When they went near the hutment, they saw a burnt dead body of unknown lady, who was aged about 22-23 years and wore anklet on her leg. The merg intimation/exhibit P-12 was recorded by the police. Inquest/exhibit P-2 of the dead body of the deceased was prepared in presence of the witnesses and the dead body was sent for its postmortem to Community Health Centre, Manendragarh, where a team of two doctors namely Dr. Archna Kumhare/PW-11 and Dr. S.S. Singh conducted the postmortem of the dead body of the deceased and gave postmortem report/exhibit P-23. While conducting the postmortem, the doctors have noticed incised wound (cut throat) on front neck region. Horizontally oblique, about 7.5 x 2.5 cm with trachea, is also cut started from right mastoid region (antemortem wound). Body shows extensive postmortem burn. After conducting the postmortem, the doctors have opined that the mode of death is extensive blood loss due to cut throat neck (incised wound) by hard and sharp object. Manner of death is homicidal in nature. The short postmortem report/exhibit P-24 was also obtained from the doctors who conducted the postmortem, in which also the same cause of death and manner of death are opined.

3. The dead body of the deceased was identified by her father Suresh Singh/PW-3 and brother Mithlesh Singh/PW-2 at hospital by its face, ornaments and stole found near the place of incident and identified the dead body of Rakhi Vishwakarma and the dead body identification panchnama/exhibit P-7 was prepared. Blood-stained and plain soil, valvate stole having blood-like stains and one knife has been seized from the spot vide seizure memo/exhibit P-3. The half-burnt clothes having smell of petrol, plain soil and petrol smell soil have also been seized from the spot vide seizure memo/exhibit P-4. From the distance of 200 meters from the place of incident, one matchbox having blood- like stains and about 250 meters away from the place of incident, one plastic bottle having few drops of petrol and blood-like stains were also seized from the spot vide seizure memo/exhibit P-5. Spot map/exhibit P-14 was prepared by the police and exhibit P-10 was prepared by the Patwari. FIR/exhibit P-48 was registered against unknown person for the offence under Section 302, 201 of IPC .

4. During the investigation, the appellant was arrested on 11.01.2019 and his memorandum statement/exhibit P-17 was recorded and based on his memorandum statement, one broken SIM card of Jio company and mobile cover belonging to the deceased was seized vide seizure memo/exhibit P-18. The pleasure scooty vehicle has also been seized from the appellant vide seizure memo/exhibit P-9, in which blood-like stains were there. The appellant was put to test identification parade, which was conducted on 07.02.2019 at Sub-Jail, Manendragarh by the Executive Magistrate and test identification memo/exhibit P-20, P35 and P-36 were prepared and the witnesses have duly identi