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2026 Supreme(Guj) 842

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, R.T. VACHHANI, JJ.
Thrkor Bharatji Babuji - Appellant
Versus
State of Gujarat - Opponent
Criminal Appeal (Against Conviction) No. 1155 of 2018
Decided On : 22-04-2026

Advocates Appeared:
For the Appellant : HCLS Committee, Mr. Yogendra Thakore.
For the Opponent : Mr. Manan Mehta, APP.

In cases of circumstantial evidence, the prosecution must establish a complete, unbroken chain of events leading solely to the inference of the accused's guilt. Conviction cannot rest on hearsay statements of interested witnesses or incomplete evidence that fails to exclude other reasonable hypotheses of innocence.

Headnote:(A) Criminal Law - Murder - Evidence - Circumstantial evidence - Conviction - Validity - Conviction based on circumstantial evidence requires a complete, unbroken chain of events that excludes every reasonable hypothesis except the guilt of the accused. Evidence of interested witnesses who observed the scene only after the occurrence, coupled with incomplete foundational facts, does not suffice for a conviction. The burden of proof rests strictly with the prosecution, and mere proximity or the theory of being seen together alone, without reliable corroborative evidence, cannot establish guilt beyond a reasonable doubt. (Paras 25, 26, 31, 32)

(B) Appeals - Scope - Appellate courts must ascertain whether the prosecution has proven its case beyond reasonable doubt without shifting the evidentiary burden to the accused prematurely. If foundational facts are absent, the doctrine of exclusive knowledge cannot be invoked to support a conviction. (Paras 23, 24, 25)

Facts of the case:
The deceased was found dead in her residence. The prosecution alleged that the spouse had committed murder following a history of marital disputes and suspicion regarding character. The trial court convicted the accused based on the alleged presence of the accused at the time of the event and the subsequent discovery of injuries. The appellant challenged this, asserting the lack of direct evidence and the incomplete nature of the circumstantial chain.

Findings of Court:
The prosecution failed to establish the foundational facts necessary to connect the accused to the crime definitively. The witnesses, being primarily relatives of the deceased, were classified as interested witnesses whose hearsay evidence was insufficient to sustain a conviction. The medical evidence confirmed a homicidal death but failed to link the accused directly to the fatal incident.

Issues: Whether the circumstantial evidence presented was sufficient to prove the commission of the offence beyond reasonable doubt and whether the burden of proof could be shifted to the accused under evidentiary rules before establishing foundational facts.

Ratio Decidendi: In cases of circumstantial evidence, the prosecution is bound to provide a chain of circumstances so complete that it rules out every other hypothesis except the guilt of the accused. If any link in the chain is weak, missing, or based on mere suspicion, the conviction cannot be sustained. The prosecution must prove its case on its own merit without reliance on the silence or denial of the accused.

Result: Appeal allowed; conviction and sentence quashed.

Table of Content
1. overview of procedural history, conviction sentence, and case background facts. (Para 1 , 2 , 3)
2. contentions of the appellant regarding circumstantial evidence vs. respondent's arguments on motive and guilt. (Para 5 , 6)
3. evaluation of prosecution witnesses and medical evidence regarding cause of death and scene observations. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
4. failure to establish a complete chain of circumstantial evidence to sustain a criminal conviction. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32)
5. final order granting acquittal and directing the appellant's release from jail. (Para 33)

JUDGMENT :

R.T. VACHHANI, J.

1. Being aggrieved and dissatisfied with the judgment and order dated 09.11.2017 passed by the learned Additional Sessions Judge, Court, Patan in Sessions Case No.16 of 2014, whereby the appellant-appellant-accused came to be convicted for the offences punishable under Sections 498A , 302 and 201 of IPC (“IPC” for short), the appellant – appellant-accused has preferred present appeal.

2. The present appellant-appellant-accused has been convicted for the offence under Section 302 of IPC to undergo imprisonment for life and fine of Rs.1,000/-, for the offence under Section 498A of IPC to undergo rigorous imprisonment for 3 years, and for the offence under Section 201 of IPC to undergo rigorous imprisonment for 6 months, all sentences to run concurrently.

3. The brief facts leading to the filing of the present appeals are as under:

3.1. The complainant, Leraji Mavjiji Thakor, lodged a complaint on 18.11.2013 stating that his sister Ramila was married about fifteen years ago to the appellant-accused Bharatji Babuji Thakor, resident of Bhathino Math, Kansada Darwaja, Taluka and District Patan. After marriage, the deceased Ramila was residing with the appellant-accused. Out of the wedlock, they had one son. The appellant-accused was doing labour work of colour work, while the deceased was doing odd jobs and kitchen work. The deceased had returned to her parental home about ten times after marriage due to disputes, but was persuaded and sent back to her matrimonial home each time. About fifteen days prior to the incident, on the day of Dhanteras, she had again come to the parental home after a quarrel. She was sent back the next day with assurance that she would be counselled after the festival. The appellant-accused was harbouring suspicion against the deceased and was harassing her.

3.2. On 18.11.2013 at about 02:00 hours in the night, the complainant received a phone call from his brother Vithaji informing that Ramila (“deceased” for short) had died and they should come to Patan. The complainant, along with his family members including Vithaji, his nephew Jamaji, Rohitji, parents and wife, reached the house of the deceased in a Bolero car. Upon reaching, they noticed marks of ligature around the neck of the deceased and a cut injury on the right side of her neck. The ear stud (butti) worn on the right ear was found twisted and lying below. The appellant-accused was not found present at the house. The complainant suspected that the appellant-accused had throttled his sister to death and had caused disappearance of evidence. Accordingly, the complaint was lodged at Patan City ‘A’ Division Police Station.

3.3. On the basis of the said complaint, Patan City ‘A’ Division Police Station registered the offence punishable under Sections 498A , 302 and 201 of IPC against the appellant-accused and carried out investigation. During the course of investigation, statements of relevant witnesses were recorded, necessary panchnamas were drawn, and material evidence was collected. Upon completion of investigation, sufficient evidence having been found against the appellant-accused, charge-sheet came to be filed on 23.12.2013 before the learned Chief Judicial Magistrate, Patan for the offences punishable under Sections 498A , 302 and 201 of IPC. The case was c

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2026 Supreme(Guj) 842

IN THE HIGH COURT OF GUJARAT AT AHMEDABADILESH J. VORA, R.T. VACHHANI, JJ.Thrkor Bharatji Babuji - Appellant VersusState of Gujarat - OpponentCriminal Appeal (Against Conviction) No. 1155 of 2018Decided On : 22-04-2026

Cases Referred (2)

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, R.T. VACHHANI, JJ.
Thrkor Bharatji Babuji - Appellant
Versus
State of Gujarat - Opponent
Criminal Appeal (Against Conviction) No. 1155 of 2018
Decided On : 22-04-2026