Back
2025 Supreme(Online)(Chh) 5736
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Ravindranath Mukherjee – Appellant
Versus
G. Deepak Rao – Respondent
Acquittal Appeal No. 178 of 2014 | Criminal Appeal No. 609 of 2014
For the Appellants/Petitioners: Vikas A. Shrivastava, B.P. Singh
For the Respondents: Malay Jain
The court emphasized that circumstantial evidence must form a complete chain to establish guilt beyond reasonable doubt, favoring the accused in cases of doubt.
Headnote:(A) Indian Penal Code, 1860 - Sections 302, 450, 394, 397, and 411 - Acquittal Appeal and Criminal Appeal - The trial Court acquitted the accused of murder charges but convicted under Section 411 IPC. The prosecution's circumstantial evidence was insufficient, lacking a complete chain to establish guilt beyond reasonable doubt. The court emphasized that benefit of doubt favors the accused. (Paras 29-30)
(B) Evidence Act, 1872 - Section 27 - The admissibility of confessions and the necessity of corroborative evidence in establishing guilt were discussed. The court reiterated that without a complete chain of evidence, convictions based on circumstantial evidence cannot be upheld. (Paras 18-24)
Facts of the case:
The complainant sought to challenge the acquittal of the accused in a murder case, with the prosecution relying on circumstantial evidence and the recovery of stolen property. The trial Court's judgment was scrutinized for legal validity.
Findings of Court:
The appeal was allowed for the accused under Section 411 IPC due to insufficient evidence, while the acquittal appeal was dismissed as no compelling reasons were found to interfere with the trial Court's order.
Issues: The main issues addressed were the adequacy of circumstantial evidence and the proper identification of recovered items.
Ratio Decidendi: The court ruled that in cases relying on circumstantial evidence, the prosecution must establish a complete chain of evidence; failure to do so results in acquittal.
Result: Appeals allowed and dismissed accordingly.
| Table of Content |
|---|
| 1. the prosecution's case is based on circumstantial evidence regarding the murder. (Para 2 , 3 , 4 , 5) |
| 2. the trial court's judgment and the basis for conviction under section 411 ipc. (Para 6 , 8 , 10) |
| 3. the court's discussion on admissibility of confessions and evidence. (Para 13 , 14 , 15 , 16) |
| 4. the necessity of corroborative evidence for establishing guilt. (Para 18 , 19 , 20 , 21 , 22) |
| 5. the principle of benefit of doubt favoring the accused. (Para 25 , 26 , 27) |
07 .0 5 .202 5
1. Heard Mr. Vikas A. Shrivastava, learned counsel for the appellant- complainant in ACQA No. 178/2024 and Mr. B.P. Singh, learned counsel for appellants-accused in CRA No. 609 of 2014. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for the respondent/State.
2. Acquittal Appeal No. 178 of 2014 has been filed on behalf of the complainant, challenging the legality, validity and propriety of judgment dated 28.06.2014 passed by the Session Judge Balod Chhattisgarh in Sessions Trial No78/2013, whereby the learned Sessions Judge has acquitted the accused/respondents from the charges 302, 450, 302/34, Digitally signed by JYOTI JHA Date: 2025.05.16 +0530 394 r/w Section 397 of the Indian Penal Code ( for short ‘the IPC ’), however, convicted him under Section 411of IPC and sentenced to undergo RI for 03 years and to pay fine of Rs.50,000/-, in default of payment of fine, additional RI for 06-06 months.
3. Criminal Appeal No. 609 of 2014 has been filed by the appellants-accused, challenging the legality, validity and propriety of very same judgment dated 28.06.2014 passed by the learned Session Judge, Balod District Balod Chhattisgarh in Sessions Trial No. 78/2013, whereby the learned Sessions Judge convicted accused/appellants under Section 411 of IPC and sentenced him to undergo RI for 03 years and to pay fine of Rs.50,000/-, in default of payment of fine, additional RI for 06-06 months
4. The prosecution case, in brief, is that on 17.03.2023, one Deverndar Kumar Purohit has been informed at about 11:50 by the Principal of Chikhlakasa that the door of the deceased was opened and after that Devendra Kumar Purohit has tried to contract to the deceased with her mobile which was found silent and thereafter he reached near the house of deceased where he has found that the articles in the house are kept disturbed and thereafter he has informed to the Police Station Rajhara and the dead body of the deceased was found into the bad room of the house. Police has lodged merg intimation (Ex.P-32) and FIR bearing crime No. 55/13 was lodged against the unknown person (Ex.P- 33). A spot map (Ex.P/015) was prepared by the Patwari. The accused was taken into custody vide Ex.P/ 25 & 26, and Property seizure memo vide Ex.P/9 to 13. A crime details form was prepared by the Police vide Ex.P/31. The seized property was sent to the State Forensic Laboratory for examination and the report was received vide Ex.P/30.
5. Dead body of the deceased was sent for postmortem to PHC Chikhalakasa District Balod (C.G.), where Dr. R. Ramteke (PW-9) conducted postmortem over the body of the deceased vide Ex.P/9 and found following injuries:-
Injuries
1. Injuries on neck:- (I) cut injuries four numbers discrete multiple curved, spindle shaped skin deep present on lower part of neck, base filled with clotted blood in size of 10-13 mmm X 3-4 mm are simple injuries. Multiple abrasion with contused borders Dots line, 5 numbers sizes 3-4 mm width not penetrating the skin foiled with clotted blood.
2. Two injuries on right chest, abrasion with contused boarders measuring 3-4 mm width.
3. Cut Injury on right lower waist measuring 3cm x 0.5 cm, spindle shaped skin deep filled with clotted blood.
4. Abrasion 2cm x 5cm on right wrist.
5. Abrasion four dots in size of 3-4 mm on abdomen on front.
6. Injuries on chin 4 Numbers dots like abrasion and contused borders with clotted blood.
All the above injuries were antemortem (before death).
Dr. R. Ramteke (PW-9) opined that all the injuries
