Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Chh) 18830

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Bibhu Datta Guru, J
Rahul Ahuja – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 814 of 2024

Advocates:
For the Appellants/Petitioners: Saurabh Dangi
For the Respondents: S.S. Baghel

A conviction based on a complete chain of circumstantial evidence—including 'last seen' proximity, discovery of weapon via Section 27 disclosures, and expert medical opinion—is legally sustainable even if the case is predicated on circumstantial evidence, provided the accused offers no plausible explanation for incriminating facts.

Headnote:(A) Indian Penal Code, 1860 - Section 302 - Arms Act, 1959 - Sections 25(1-B) and 27 - Criminal Appeal - Circumstantial evidence - Homicide - Sufficiency of evidence - Recovery of weapon - Last seen together - The prosecution rested its case on circumstantial evidence including the 'last seen' theory, memorandum statements leading to the recovery of a weapon (knife) and blood-stained clothes, and medical evidence confirming a homicidal death - The Appellate Court emphasized that minor contradictions in the testimony of related witnesses do not undermine the core reliability if the evidence is otherwise coherent and corroborated by forensic reports (Paras 17, 26, 27, 29).

(B) Evidence Act, 1872 - Section 27 - Memorandum statement - Admissibility and weight - Recovery of incriminating articles pursuant to disclosure statements made by the accused provides strong corroborative evidence linking the accused to the offense charged (Paras 20, 29).

Facts of the case:
An appeal was filed against the conviction under Section 302 of the IPC and Sections 25(1-B) and 27 of the Arms Act for the murder of the deceased, Raju Gupta. The body was discovered with multiple stab wounds. The trial court convicted the appellant based on circumstantial evidence while acquitting a co-accused. The appellant challenged this on grounds of parity and the alleged unreliability of the 'last seen' and recovery evidence.

Findings of Court:
The Court held that the medical evidence confirmed a homicidal death and rejected the argument that the witnesses' relationship to the victim rendered them unreliable. The chain of circumstantial evidence was found to be complete, and the recovery of the weapon and clothing from the appellant's instance under the Evidence Act provided a solid link to the crime.

Issues: Whether the conviction based on circumstantial evidence, specifically the 'last seen' theory, recovery of weapon, and blood-stained clothing, was sustainable in law.

Ratio Decidendi: Where the chain of circumstantial evidence is complete and inconsistent with any hypothesis other than the guilt of the accused, and where the accused fails to provide any explanation under Section 313 of the Cr.P.C. for incriminating recoveries, the conviction is legally sound.

Result: Appeal dismissed.

Table of Content
1. overview of charges, procedural history, and core prosecution case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
2. arguments regarding the reliability of the last seen theory and evidentiary contradictions. (Para 12 , 13)
3. court assessment of medical evidence and weight of witness testimony. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
4. the principle of corroboration and burden of proof in circumstantial cases. (Para 28 , 29 , 30 , 31)
5. final confirmation of guilt and dismissal of the criminal appeal. (Para 32 , 33 , 34 , 35)

1. Heard Mr. Saurabh Dangi, learned counsel for the appellant. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/respondent.

2. This criminal appeal filed by the appellant/accused under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 06.12.2023, passed by the learned 2nd Additional Sessions Judge, Raipur, District Raipur (C.G.) in Session Trial No. 08 of 2020, whereby the appellant has been convicted and sentenced as under:

Conviction under Section	Sentence
Section 302 of the Indian Penal Code (for short, ‘IPC’)	Rigorous imprisonment (for short, ‘R.I.’) for life and fine of Rs.1000/-, in default of payment of fine, 01 month R.I. more.
Section 25 (1-B) of the Arms Act	R.I. for 03 years and fine of Rs.500/-, in default of payment of fine, 01 month R.I. more.
Section 27 of the Arms Act	R.I. for 03 years and fine of Rs.500/-, in default of payment of fine, 01 month R.I. more.
All the sentences will run concurrently.

3. The prosecution case, briefly stated, is that Constable Rohit Sidar (PW-2), posted at D.D. Nagar Police Station and deployed on Tiger-02, was on duty from 9:00 p.m. on 13.08.2019 to 9:00 a.m. on 14.08.2019. At about 9:58 p.m., a Dial-112 call was received from informant Ajay Rathore of RDA Colony, Ghanshyam Nagar, Diprapara, reporting that a person was lying dead near KPS School, Sarona. Acting upon the information, Constable Sidar, accompanied by driver Chandra Kumar Yadav, proceeded to the spot in Tiger-02 vehicle (No. CG-0714). On reaching the location, they found a male aged approximately 20–22 years lying dead on the roadside with his intestines protruding from the abdomen, multiple holes in his shirt, and blood spread around the lower abdomen. The incident was immediately reported to D.D. Nagar Police Station, whereupon a preliminary report (Dehati Nalisi No. 0/19), vide Ex. P/2, was registered under Section 302 IPC against an unknown person.

4. Pursuant thereto, an inquest (Merg No. 0/19) was initiated. During the inquest proceedings, the deceased was identified as Raju Gupta. Consequently, a numbered inquest report (Merg No. 49/19) was registered, and investigation commenced. Based on the inquest findings, FIR No. 282/2019 was registered under Section 302 of the IPC against an unknown accused. The dead body was sent to Ambedkar Hospital, Raipur, for postmortem examination.

5. During investigation, the accused persons were apprehended and interrogated. On the basis of their memorandum statements, and pursuant to their alleged confessional disclosures, the following articles were seized: a button-operated knife purportedly used in the commission of the offence, the Activa scooter of the deceased, blood stained soil, plain soil, viscera of the deceased, and other relevant items. The accused were arrested and their relatives informed accordingly. The seized articles were sent to the Forensic Science Laboratory, Raipur, for chemical examination. A spot map was also prepared by the police in association with the Patwari.

6. The dead body of the deceased was sent to Pt. Jawahar Lal Nehru Medical College, Raipur, for postmortem examination. Dr. Snigdha Jain Bansal (PW-9) conducted the postmortem vide Ex. P/18. Upon examination, she found an incised wound on the left side of the

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2025 Supreme(Online)(Chh) 18830

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRamesh Sinha, CJ, Bibhu Datta Guru, JRahul Ahuja – AppellantVersusState Of Chhattisgarh – RespondentCRA No. 814 of 2024

Cases Referred (3)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Bibhu Datta Guru, J
Rahul Ahuja – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 814 of 2024