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2026 Supreme(Online)(Chh) 11886

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Ajay Pawle – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 6 of 2023



Advocates:
For the Appellants/Petitioners: Prasoon Agrawal
For the Respondents: Saumya Rai

A conviction based solely on circumstantial evidence requires a complete, unbroken, and conclusive chain of circumstances that excludes every reasonable hypothesis of innocence. Unsupported or unnatural links in the chain, or evidence creating alternative possibilities, entitle the accused to the benefit of the doubt.

Headnote:(A) Indian Penal Code, 1860 - Sections 302, 392, 341, 201 - Murder - Circumstantial evidence - Principle of "panchsheel" in circumstantial evidence cases - Requirement to prove chain of events beyond reasonable doubt.

(B) Evidence - Circumstantial evidence - Duty of Court to distinguish between "may be" and "must be" - Requirement to exclude every hypothesis consistent with innocence.

Facts of the case:
The deceased was found murdered with head injuries near a Pukka road. The prosecution case relied on a stolen mobile phone recovered from a third party who claimed it was purchased from the appellant, and a memorandum statement leading to the recovery of a weapon. The Trial Court convicted the appellant based on these circumstances.

Findings of Court:
The High Court observed that the chain of circumstantial evidence was broken because the mobile phone was seized four months prior to the appellant's arrest and disclosure, making the third party's statement regarding the source of the phone unnatural. There was no direct evidence, and the forensic or corroborative evidence was insufficient to sustain a conviction.

Issues: Whether the conviction based on circumstantial evidence could be sustained when the chain of events is broken and the possibility of innocence exists.

Ratio Decidendi: Conviction in a case based on circumstantial evidence requires a complete and unbroken chain of circumstances leading unerringly to the guilt of the accused; where the evidence creates doubt and the chain is incomplete, the accused is entitled to the benefit of the doubt.

Result: Appeal allowed; conviction and sentence set aside.

Table of Content
1. criminal appeal against conviction under ipc sections. (Para 1 , 2)
2. factual background and trial proceedings for circumstantial evidence case. (Para 3 , 4 , 5 , 6 , 7 , 8)
3. parties' contentions regarding evidentiary sufficiency. (Para 9 , 10)
4. court’s initial inquiry into homicidal nature of death. (Para 11 , 12 , 13 , 14)
5. analysis of the circumstantial evidence chain linking the accused. (Para 15 , 16 , 17 , 18)
6. golden principles of circumstantial evidence validation. (Para 19 , 20 , 21 , 22)
7. finding of a broken chain of circumstantial evidence. (Para 23 , 24 , 25 , 26 , 27 , 28)
8. acquittal based on the benefit of the doubt doctrine. (Para 29 , 30 , 31)

Judgment on Board

Per Ramesh Sinha, CJ

1. At the outset, learned counsel for the appellant submits that, apart from the present case, two other criminal cases have been registered against the appellant for offences under Sections 302 and Section 376(2)(n) of the IPC, as well as Section 6 of the POCSO Act. It is further submitted that a coordinate Bench of this Court, vide judgments dated 13.08.2024 and 17.12.2024 in CRA Nos. 547/2020 and 579/2020, has dismissed the appeals filed by the appellant in those matters. However, considering that the FIR in the present case pertains to facts distinct from those in the aforementioned cases, this Court proceeds to hear the present appeal on its own merits.

2. This criminal appeal under Section 374(2) of the CrPC is directed against the judgment of conviction recorded for offences under Sections 302, 397, 341 and 201 of the IPC and sentence awarded i.e. imprisonment for life and fine of ₹5,000/-, in default of payment of fine to further undergo additional imprisonment for 5 years, rigorous imprisonment for 10 years and fine of ₹5,000/-, in default of payment of fine to further undergo additional imprisonment for 5 years, simple imprisonment for 1 month and fine of ₹500/-, in default of payment of fine to further undergo additional imprisonment for 1 week and rigorous imprisonment for 7 years and fine of ₹2,000/-, in default of payment of fine to further undergo additional imprisonment for 2 years.

3. The case of the prosecution is that on 24.10.2018 at about 7:45 AM, informant, Sukanand Chauhan, appeared at Police Station Pathalgaon and lodged a merg intimation (unnatural death report). He stated that he had received a phone call from Chhotelal Nagvanshi informing him that a man was lying dead on the Pakka road near Chhatkan on Pangsuwa–Jhakkadpur Road. Upon receiving this information, the informant, along with village Sarpanch Amarjeet Nag, went to the spot and found a man lying dead with a head injury, from which blood had oozed out. The deceased was wearing a white-striped black pant and a white full-sleeve shirt. A Hero Honda Deluxe motorcycle (No. CG-13-P-5430) was found parked nearby with two empty milk containers tied to it. An Idea company SIM card was also found at the scene. The cause of death was unknown at that time. On inquiry, the deceased was identified as Ramvilas Yadav.

4. Based on this report, Police Station Pathalgaon registered Merg Intimation No. 94/2018 and initiated investigation. The investigating officer inspected the scene, prepared a site map, and conducted inquest proceedings in the presence of witnesses. The dead body was sent for postmortem examination to CHC Pathalgaon, where Dr.Santosh Patel (PW-23) conducted over the body of the deceased vide Ex.P-43 and found following symtoms:-

“The body of the deceased was normal. The occipital bone of the head was fractured. The right lung and left lung, trachea were congested. The right and left sides of the heard were filled with blood. The contents of the stomach were partially digested food in the small intestine. There were residues in the large intestine. The spleen, kidney and spleen were congesed and the occipital bone of the head was fractured.”

The doctor has opined cause of death was shock due to hemorrhage in frontal region of

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