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Criminal · Reportable judgment

Raja Khan vs State of Chhattisgarh

Court
Supreme Court of India
Date
7 February 2025
Case No.
Criminal Appeal No. 70 of 2025
Result
Allowed
Bench
Sanjay Karol, Manmohan
Citation
[2025] 2 S.C.R. 461 : 2025 INSC 167
Acts & Sections
Evidence Act IPC CrPC
Supreme Court Reports [2025] 2 S.C.R. 461 : 2025 INSC 167
Issue for consideration
Whether the prosecution failed to prove the chain of circumstances leading to the guilt of the appellant-accused, beyond reasonable doubt.
Headnote

Evidence Act, 1872 – s.27 – Case based on circumstantial evidence – Prosecution relied on recovery of weapon of assault (stone, gandasa) and gold chains belonging to the deceased, on the basis of statement given by the appellant in custody – Conviction of the appellant u/ss.302 and 201, IPC, if justified: Held: No – The entire case of the prosecution rests on circumstantial evidence – Where the case rests entirely on circumstantial evidence, the chain of evidence must be so far complete, such that every hypothesis is excluded but the one proposed to be proved and such circumstances must show that the act has been done by the accused within all human probability – In the present case, the testimonies of the panch witnesses raised serious doubts regarding the version of the prosecution w.r.t the alleged disclosure made by the appellant and the recoveries pursuant thereto – Courts below not justified in disregarding the glaring inconsistencies w.r.t the recoveries made by the police pursuant to the alleged disclosure made by the appellant – The manner of recovery and preparation of seizure memos also raised grave doubts about the version of disclosure and recovery put forth by the prosecution – Also, the testimony of PW-23 was not corroborated by the testimonies of PW-2, PW-3 & PW-5, thus there is doubt w.r.t to the ‘last seen’ circumstance too – Prosecution failed to prove the chain of circumstances leading to the guilt of the accused, beyond reasonable doubt – Appellant given benefit of doubt, conviction u/ss.302 and 201 set aside. [Paras 16, 22, 30-33] Evidence Act, 1872 – ss.25-27 – s.27, an exception to ss.25 and 26:

Held: ss.25 and 26 stipulate that confession made to a police officer is not admissible – However, s.27 is an exception to ss.25 and 26 and serves as a proviso to both these sections – s.27 lifts the ban, though partially, to the admissibility of confessions – The removal of the ban is not of such an extent so as to absolutely undo the object of s.26 – As such the statement whether confessional or not is allowed to be given in evidence but that portion only which distinctly relates to discovery of the fact is admissible – A discovery of a fact includes the object found, the place from which it is produced and the knowledge of the Appellant-accused as to its existence. [Paras 18, 19]

Evidence Act, 1872 – s.27 – Ingredients – Discussed. [Para 20]

Keywords: Circumstantial evidence · Murder · Iron pipe · Battleaxe (Gandasa) · Stone · Gold chains · Pond · Stone quarry · Recovery of weapon of assault · Alleged disclosure made by the appellant · Recoveries · Discovery and seizure · Seizure and recovery memo · Benefit of Doubt · Doubts about the version of disclosure and recovery · Confession · Section 27 of Evidence Act, 1872 · Chain of Circumstances · Not proved beyond reasonable doubt · Chain of Evidence · Last seen · Testimonies of the panch witnesses · Inconsistencies

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Manmohan, J. 1. Present Appeal has been filed challenging the judgment and order dated 4th July, 2023 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No. CRA/855/2014, whereby the appeal filed by the Appellant-accused was dismissed and the judgment and order dated 12th August, 2014 passed in Sessions Trial No.42/2014 by the third Additional Sessions Judge, Raipur, Chhattisgarh (hereinafter referred to as “the Trial Court”) convicting and sentencing the Appellant-accused was affirmed. It is pertinent to mention that the Appellant-accused has been convicted for
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