Accused can be convicted based on circumstantial evidence if the prosecution proves a complete chain of circumstances beyond reasonable doubt, leading only to the irresistible conclusion of guilt, with all circumstances conclusive and consistent only with the hypothesis of guilt. (!) (!) Extra-judicial confession, if voluntary, true, and made in a fit state of mind, can be relied upon, but must be proved like any other fact; its value depends on the veracity and credibility of the witness, requires caution as weak evidence, and prudence dictates corroboration where possible. (!) (!) (!) (!) (!) (!) (!) (!) (!) Prosecution case must stand or fall on its own strength and cannot derive support from weaknesses in the defence. (!) (!) Courts must ensure accused receives effective legal representation; duty to provide competent legal aid at state expense if indigent, ensuring diligent defence, not mere nominal presence. (!) (!) (!) (!) For discovery evidence under principles akin to disclosure statements, investigating officer must prove panchnama contents, depose exact words of accused, and establish authorship of concealment; mere recovery insufficient without these. (!) (!) (!) (!) (!) (!) (!) Motive assumes greater importance in circumstantial evidence cases but failure to prove it is not fatal; presence of motive creates suspicion but cannot substitute proof of guilt beyond reasonable doubt. (!) (!) (!) (!) False explanation by accused can be additional link only if prosecution's chain is complete; otherwise, prosecution cannot benefit from defence weaknesses. (!) (!) (!) Non-explanation of minor injuries on accused not fatal to prosecution; significant only if grievous and prosecution case doubtful. (!) (!)

Ramanand @ Nandlal Bharti vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1045

UDAY UMESH LALIT, S. RAVINDRA BHAT, J. B. PARDIWALA
Ramanand @ Nandlal Bharti – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Niranjan Reddy, Sr. Adv., Mr. Vibhor Jain, Adv., Ms. Stuti Rai, Adv., Mr. Sahil Raveen, Adv., Ms. Akhila Palem, Adv., Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv., Ms. Rajeswari Mukherjee, Adv., Ms. Niti Richhariya, Adv.,
For the Respondent: Mr. Adarsh Upadhyay, AOR, Mr. Abhishek Chaudhary, Adv., Mr. Anurag Kishore, Adv., Mr. Amit Singh, Adv., Mr. Aman Pathak, Adv., Mr. Ajay Prajapati, Adv.

Judgement Key Points

Accused can be convicted based on circumstantial evidence if the prosecution proves a complete chain of circumstances beyond reasonable doubt, leading only to the irresistible conclusion of guilt, with all circumstances conclusive and consistent only with the hypothesis of guilt. (!) (!)
Extra-judicial confession, if voluntary, true, and made in a fit state of mind, can be relied upon, but must be proved like any other fact; its value depends on the veracity and credibility of the witness, requires caution as weak evidence, and prudence dictates corroboration where possible. (!) (!) (!) (!) (!) (!) (!) (!) (!)
Prosecution case must stand or fall on its own strength and cannot derive support from weaknesses in the defence. (!) (!)
Courts must ensure accused receives effective legal representation; duty to provide competent legal aid at state expense if indigent, ensuring diligent defence, not mere nominal presence. (!) (!) (!) (!)
For discovery evidence under principles akin to disclosure statements, investigating officer must prove panchnama contents, depose exact words of accused, and establish authorship of concealment; mere recovery insufficient without these. (!) (!) (!) (!) (!) (!) (!)
Motive assumes greater importance in circumstantial evidence cases but failure to prove it is not fatal; presence of motive creates suspicion but cannot substitute proof of guilt beyond reasonable doubt. (!) (!) (!) (!)
False explanation by accused can be additional link only if prosecution's chain is complete; otherwise, prosecution cannot benefit from defence weaknesses. (!) (!) (!)
Non-explanation of minor injuries on accused not fatal to prosecution; significant only if grievous and prosecution case doubtful. (!) (!)

JUDGMENT :

J.B. PARDIWALA, J.

1. Mark Twain, the great American writer and philosopher, once said:

"It is like this, take a word, split it up into letters, the letters, may individually mean nothing but when they are combined they will form a word pregnant with meaning. That is the way how you have to consider the circumstantial evidence. You have to take all the circumstances together and judge for yourself whether the prosecution have established their case.”

2. These appeals, by special leave, arise out of the judgment and order dated 09.07.2021 passed by the High Court of Judicature at Allahabad, Bench at Lucknow confirming the death sentence awarded to the accused appellant herein.

3. The accused appellant has been held guilty of the offence punishable under Section 302 of the Indian Penal Code (for short, “the IPC”). The trial court (Sessions Judge, Lakhimpur Kheri) sentenced the accused appellant to death under Section 302 of the IPC and pay fine of Rs. 20,000/- and in default of payment of fine to undergo further rigorous imprisonment for one year. While the Sessions Judge,

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Judicial Analysis

No cases in the provided list explicitly indicate having been overruled, reversed, or treated as bad law. None of the entries contain phrases such as "overruled," "reversed," "criticized," or "distinguished" that would suggest a negative treatment or invalidation of the case law. Therefore, based solely on the information given, there are no identified cases that have been explicitly overruled or invalidated.

[Followed / Affirmed]

Mamta Manhare, W/o Tejram Manhare VS State of Chhattisgarh - 2023 0 Supreme(Chh) 565: The case affirms the acquittal due to insufficient evidence, indicating respect for the trial court's decision and the standard of proof. No indication of reversal or criticism.

[Legal Principles Confirmed or Reiterated]

A. N. Venkatesh VS State of Karnataka - 2005 5 Supreme 746: Clarifies admissibility of evidence under Evidence Act, reaffirming legal principles.

Santosh Kumar Singh VS State thr. CBI - 2010 7 Supreme 281: Emphasizes proper procedure and scientific reliability of DNA evidence, supporting established legal standards.

Mulk Raj VS State Of U. P. - 1959 0 Supreme(SC) 22: Affirms that circumstantial evidence and extrajudicial confessions can be used to prove guilt, reinforcing existing legal doctrine.

Mohd. Azad @ Samin VS State of West Bengal - 2008 8 Supreme 41: Reiterates that circumstantial evidence can be sufficient for conviction if properly tested, aligning with established case law.

Dhananjay Shanker Shetty VS State Of Maharashtra - 2002 5 Supreme 148: Highlights that circumstantial evidence can create reasonable doubt, reinforcing the legal approach to such evidence.

Madan Gopal Kakkad VS Naval Dubey - 1992 0 Supreme(SC) 370: Emphasizes the need for severe punishment for sexual offences, reflecting societal and legal priorities.

Takhaji Hiraji VS Thakore Kubersing Chamansing - 2001 3 Supreme 690: Critiques the reversal of a conviction based on irrelevant grounds, supporting the importance of proper legal standards.

Sivakumar VS State by Inspector of Police - 2005 8 Supreme 637: Confirms admissibility of extrajudicial confession before Village Administrative Officer, supporting procedural law.

Sampath Kumar VS Inspector of Police, Krishnagiri - 2012 2 Supreme 561: Discusses discrepancies and motives in witness testimony, supporting the importance of consistent evidence.

Rukia Begum VS State of Karnataka - 2011 3 Supreme 20: Affirms appellate court's power to reappraise evidence while respecting the presumption of innocence.

Shiva Karam Payaswami Tewari VS State of Maharashtra - 2009 1 Supreme 461: Clarifies that communication is not necessary for a confession, supporting legal definitions.

Kashi Ram VS State Of M. P. - 2001 7 Supreme 710: Describes a case where the High Court corrected an apparent error by the trial court, supporting appellate review.

Kishorechand VS State Of H. P. - 1990 0 Supreme(SC) 475: Details conditions under which circumstantial evidence and extrajudicial confession can be relied upon, affirming legal standards.

Madan Gopal Kakkad VS Naval Dubey - 1992 0 Supreme(SC) 370: Advocates for strict punishment for sexual offences, reflecting societal values.

Mohd. Azad @ Samin VS State of West Bengal - 2008 8 Supreme 41: Reaffirms that circumstantial evidence, if properly tested, is sufficient for conviction.

Dhananjay Shanker Shetty VS State Of Maharashtra - 2002 5 Supreme 148: Points out the importance of sufficient circumstantial evidence to avoid wrongful conviction.

[Cases with treatment indicating judicial scrutiny or clarification]

Subhash Chand VS State Of Rajasthan - 2001 7 Supreme 585: States that conviction on weak circumstantial evidence is not permissible, emphasizing the importance of robust evidence.

Kishorechand VS State Of H. P. - 1990 0 Supreme(SC) 475: Emphasizes the need for fully established circumstances in circumstantial evidence cases and proper investigation, reinforcing legal standards.

[Cases with ambiguous or no explicit treatment]

Sansar Chand VS State of Rajasthan - 2010 7 Supreme 125: States that extrajudicial confession is not absolute and should be corroborated; treatment appears consistent with legal standards but no indication of reversal or criticism.

Vijayee Singh VS State of Uttar Pradesh - Crimes (1989): Discusses legal presumptions when the prosecution discharges its burden; no indication of negative treatment.

Bodh Raj VS State Of J & K - 2002 6 Supreme 154: Notes that circumstantial evidence can prove conspiracy to murder; no indication of overrule or criticism.

Ashish Batham VS State Of M. P. - 2002 6 Supreme 228: Critiques the lower courts' findings, but does not indicate that the case law itself has been overruled or treated as bad law.

Mulk Raj VS State Of U. P. - 1959 0 Supreme(SC) 22: Reiterates the admissibility of circumstantial evidence and extrajudicial confessions; no negative treatment indicated.

Shiva Karam Payaswami Tewari VS State of Maharashtra - 2009 1 Supreme 461: Clarifies that communication is not necessary for a confession; treatment appears supportive.

Kashi Ram VS State Of M. P. - 2001 7 Supreme 710: States the High Court was wrong in a specific case, but this is a case commentary, not a treatment of the legal principle itself.

Madan Gopal Kakkad VS Naval Dubey - 1992 0 Supreme(SC) 370: Advocates for strict punishment; treatment consistent with societal norms.

Mohd. Azad @ Samin VS State of West Bengal - 2008 8 Supreme 41: Reaffirms legal principle without indicating any negative treatment.

Takhaji Hiraji VS Thakore Kubersing Chamansing - 2001 3 Supreme 690: Criticizes the reversal on irrelevant grounds, supporting proper legal procedure.

Dhananjay Shanker Shetty VS State Of Maharashtra - 2002 5 Supreme 148: Highlights the importance of sufficient evidence, no negative treatment implied.

Sansar Chand VS State of Rajasthan - 2010 7 Supreme 125: While it states extrajudicial confession can sometimes be basis for conviction, it does not specify whether this case has been overruled or criticized. Treatment appears consistent with legal standards but remains somewhat ambiguous regarding its subsequent judicial treatment.

Kashi Ram VS State Of M. P. - 2001 7 Supreme 710: The statement that the High Court was wrong is part of a specific case judgment and does not reflect a broader treatment of the case law itself; treatment of the legal principle is supportive but context-specific.

Ashish Batham VS State Of M. P. - 2002 6 Supreme 228: The critique of lower courts suggests a judicial opinion rather than treatment of the case law itself; treatment of the legal principles involved remains supportive.

Overall, most cases are presented as reaffirmations or clarifications of legal principles, with no clear evidence of negative treatment or overrule.

2022 Supreme(SC) 1045

UDAY UMESH LALIT, S. RAVINDRA BHAT, J. B. PARDIWALARamanand @ Nandlal Bharti – AppellantVersusState of Uttar Pradesh – Respondent

Cases Referred (43)

Judicial Analysis

UDAY UMESH LALIT, S. RAVINDRA BHAT, J. B. PARDIWALA
Ramanand @ Nandlal Bharti – Appellant
Versus
State of Uttar Pradesh – Respondent