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
| 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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