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2025 Supreme(Online)(Chh) 6837
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Bibhu Datta Guru, J
Mukteshwar @ Bhim Bariha – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 1475 of 2023
For the Appellants/Petitioners: Mr. Sanjay Kumar Yadav
For the Respondents: Mr. Shashank Thakur, Dy. A.G.
Circumstantial evidence can sustain a conviction if it forms a complete chain indicating guilt beyond reasonable doubt, reinforced by medical evidence of homicide and the accused's failure to provide a satisfactory explanation.
Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 307 - Conviction for murder and attempted murder - Appellant convicted and sentenced to life imprisonment for murder and 10 years for attempted murder, sentences to run concurrently - Conviction based on circumstantial evidence as no eyewitnesses were available - Medical evidence confirmed homicidal deaths of two victims, corroborated by postmortem reports. (Paras 2, 52)
(B) Circumstantial Evidence - Legal principles - Conviction can be based on circumstantial evidence if the chain of circumstances is complete and points to the guilt of the accused beyond reasonable doubt - Last seen theory applied, with substantial evidence connecting the accused to the crime scene. (Paras 21, 40, 52)
(C) Burden of Proof - The accused must provide a reasonable explanation when last seen with the deceased; failure to do so strengthens the prosecution's case. (Paras 22, 42)
(D) Witness Credibility - Testimony of related witnesses, despite familial ties, is not inherently unreliable; their evidence must be assessed for consistency and credibility. (Paras 34, 36) (E) Extra-Judicial Confession - While weak, it can support circumstantial evidence when corroborated by other evidence. (Paras 38, 52)
| Table of Content |
|---|
| 1. examination of witness testimonies and medical evidence. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 2. legal standards regarding witness credibility and evidentiary value. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 3. establishing the chain of circumstantial evidence and legal conclusions. (Para 43 , 44 , 45 , 46 , 49 , 50 , 51) |
| 4. final judgment and instructions regarding appeal. (Para 52 , 53 , 54 , 55) |
Judgment on Board
Per Ramesh Sinha , Chief Justice
13.06.2025
1. Heard Mr. Sanjay Kumar Yadav, learned counsel for the appellant. Also heard Mr. Shashank Thakur, learned Deputy Advocate Government, appearing for the respondent/State.
2. The criminal appeal arises out of the judgment of conviction and order of sentence dated 28.04.2023 passed by the learned First Upper Sessions Judge, Saraipali, District- Mahasamund (C.G.) in Session Trial No. 23/2018 whereby, the appellant has been convicted and sentenced as under:-
| Conviction under Section | Sentence (Rigorous imprisonment) | Fine | In default of payment of fine additional rigorous imprisonment |
| Section 302(two times) of the IPC | Life imprisonment | Rs.100/- | 02 months |
| Section307 (two times) of the IPC | 10 years | Rs.100/- | 02 month |
| Both sentences have been directed to run concurrently. |
3. Case of the prosecution, in brief, is that FIR No. 31 was lodged against the accused at Basna police station for physically assaulting Sadhani and Anuj with an axe and causing bodily injury to them and for killing Kaifulo and Abhishek. Then, a site map (Ex.P-02) was prepared by visiting the scene of incident. Memorandum (Ex.P-32) was prepared for obtaining the site map and register of information regarding untimely and accidental death (Ex.P-33 and Ex.P-21) were prepared. Then, a query was sent to C.H.C. Basna on the basis of Ex.P-34 for the seized tangia and a memorandum was sent for query regarding human blood as per Ex.P-35. Then, a memorandum Ex.P-36 was sent to C.H.C. Basna for the examination of the seized clothes. Then, a notice (Ex.P-03) was given to the witnesses for the map panchayatnama on the basis of which map panchayatnama (Ex.P-04) was prepared. The deceased's Postmortem was done. Application for getting the test done was sent to CHC Basna as per Ex.P-37. Then the blood stains on the clothes worn by the deceased were sealed and sent for testing. Request was made from CHC Basna as per Ex.P. 37. In the investigation proceedings, memorandum statement of the accused was taken as per Ex.P-13 and on the basis of memorandum, when the accused presented it, the iron tangia was seized as per seizure sheet (Ex.P-14). Then, when the blood stained clothes of the deceased were brought from the hospital, they were seized as per seizure sheet (Ex.P-05). Then, according to property seizure sheet (Ex.P-10), the clothes worn by the accused were seized from the house of the deceased as per seizure sheet (Ex.P-12), then the information of Abhishek's death was registered in 0/18 from District Hospital Mahasamund and notice was given for map panchayatnama as per Ex.P-15. Map panchayatnama (Ex.P-16) was prepared and sent for postmortem as per Ex.P-43. Then when the sealed packet was brought for chemical test by the constable posted at the police station, seizure memo (Ex.P-26) was prepared in the presence of witnesses. Duty certificate was given to the constable for post mortem. Then the accused was arrested as per arrest memo (Ex.P-38) and information regarding arrest was given as per Ex.P-39. Further statements of witnesses were recorded as per their statements. Video of proceedings in Crime No. 46/18 registered at the police station was prepared and recorded in CD as per Ex.P-40.
4. After investigation, the charge-sheet was prepared and presented before the trial Court, on which Criminal Case No. 23/18 was registered against the Sate vs. Mukteshwar alias Bheem Bariha, which was declared by passing the surrender order. The case was assigned to the learned Sessions Judge, Mahasamun
