In cases based on circumstantial evidence, a conviction is sustainable only if the evidence forms a complete, unbroken chain pointing exclusively to the guilt of the accused; if the chain is incomplete or if two views are possible, the accused is entitled to the benefit of doubt.

Judgment on Board

Per Ramesh Sinha, Chief Justice.

1. Present is a criminal appeal under Section 374(2) of the Code of Criminal Procedure filed by the appellant against the impugned judgment of conviction and order of sentence dated 24.11.2022 passed by the learned Second Additional Sessions Judge, Manendragarh, District Koriya (C.G.) in Sessions Case No. 36/2019, whereby the learned trial Court has convicted the appellant under Section 302 of the Indian Penal Code and sentenced him in the following manner:-

2. The brief facts of the case are that on 07.03.2019 the complainant Son Sai lodged Dehati Nalishi Ex.P/1, to the Police Assistance Centre, Nagpur, Police Station Podi, District Koriya, informing that Up Sarpanch Heeradas Vaishnav informed him that at Mauharipara pit, a person in an injured condition is lying. When he went on the spot, the injured disclosed his name, Lala alias Suleshwar, a resident of village Dugla and informed that they came there on a picnic, and four persons had assaulted him, but he could not disclose the names of the persons who assaulted him. The Police went there on the spot and then sent him to the Community Health Centre, Manendragarh. He was medically examined by Dr. Rakesh Soni PW-28, who gave him his report, Ex.P/41. He advised an X-ray of the skull and CT-Scan of the head. After his primary treatment, he was referred to District Hospital Baikunthpur, where he died on 07.03.2019 during treatment. The death intimation Ex.P/21 was sent by the doctor to Police Station City Kotwali Baikunthpur, where unnumbered merg intimation Ex.P/22 was recorded. Inquest Ex.P/11-A of the dead body of the deceased was prepared in the presence of the witnesses, and the dead body was sent for its post-mortem to District Hospital Baikunthpur. Dr. Surendra Painkra PW-17, conducted the post-mortem of the dead body of the deceased and gave his report, Ex.P/23. While conducting the post mortem, the doctor found the following injuries on the body:

Injury:- Stitched wound over vertex of head 5 stitches, 3" in size, stitch wound over (L) distal end of leg 1½", 3 stitch, anterior bleeding, abrasion over Rt forearm 4½ × 1 cm, Rt lat malleolus 2 × 2 cm, (L) forearm 3" linear, multiple abrasion over (R) elbow region, 2 × 2, 1 × 1 cm., contusion over lateral (Rt) buttock 6" × 4" bluish, stab wound over mid back of hip region 1 × 1 cm.

3. The doctor has opined that the injuries are ante-mortem, caused by a hard, blunt and pointed object, and head injury is sufficient to cause death and has also opined that the mode of death is coma due to head injury, which is homicidal in nature. The merg intimation was transferred to the jurisdictional police of Police Station Podi, District Koriya, where numbered merg-intimation Ex.P/27 was recorded. The FIR Ex.P/40 was registered against an unknown person for the offence under Section 307 of IPC based on Dehati Nalishi Ex.P/1, lodged by complainant Son Sai PW-1. Spot Map Ex.P/2 was prepared by the Police and Ex.P/39 was prepared by the Patwari. The blood stained and plain soil was seized from the spot vide seizure memo Ex.P/3. One broken mobile phone and the keys of the motorcycle have also been seized from the spo