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Criminal · Reportable judgment

Shail Kumari vs State of Chhattisgarh

Court
Supreme Court of India
Date
6 August 2025
Case No.
Criminal Appeal No. 2189 of 2017
Result
Allowed
Bench
Bhushan Ramkrishna Gavai, K. Vinod Chandran
Citation
[2025] 8 S.C.R. 599 : 2025 INSC 936
Acts & Sections
IPC CrPC
Supreme Court Reports [2025] 8 S.C.R. 599 : 2025 INSC 936
Issue for consideration
Whether the conviction, as recorded by the trial Court and affirmed by the High Court was totally based on conjectures and surmises; whether the conviction of the appellant u/s.302 IPC is sustainable in law.
Headnote

Penal Code, 1860 – s.302 – Allegation against the appellant-accused that she took her children to a pond/lake and drowned them – Trial Court convicted accused u/s.302 of IPC solely on the basis of evidence of PW-2 – The High Court upheld the conviction – Correctness:

Held: The conviction in the present case could be sustainable only if the prosecution is in a position to prove the case beyond reasonable doubt and also establish a chain of events which is so connected to each other that it leads to no other conclusion than the guilt of the accused – The conviction is based solely on the evidence of PW-2 – The perusal of the cross-examination of PW-2 would reveal that he has fully improved his case in his examination-in-chief – He has narrated what does not find place in his statement u/s.161, CrPC – As such his evidence is totally contradictory and therefore totally unworthy – Apart from the testimony of PW-2, there is nothing to connect the present appellant with the crime in question – The prosecution has not even examined the Rickshaw Puller who was stated to have seen the appellant going towards the Pujari Talab and the children floating in the lake – The testimony of PW-2 being unreliable, at the most, can be treated as hearsay evidence – This Court is of the considered opinion that the conviction, as recorded by the trial Court and affirmed by the High Court is totally based on conjectures and surmises – The conviction of the appellant is not sustainable in law. [Paras 7, 8, 12, 13, 14] Evidence – Law on conviction in the case of circumstantial evidence – Discussed. [Paras 6 and 7]

Keywords: Circumstantial evidence · Chain of events · Improving examination-in-chief · Conviction on the basis of circumstantial evidence · Conjectures and surmises · Murder

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

Full Judgment Text

Judgment B.R. Gavai, CJI. FACTUAL ASPECT 1. The present appeal challenges the judgment and order dated 8th September 2010, passed by a Division Bench of the High Court of Chhattisgarh at Bilaspur (hereinafter referred to as “the High Court”) in Criminal Appeal No. 713 of 2004, wherein the Division Bench dismissed the appeal filed by the appellant herein - Shail Kumari. By the said judgment and order, the High Court upheld the judgment and order dated 18 th June 2004 rendered by the 2nd Additional Sessions Judge, Durg (hereinafter referred to as “the Trial Court”) in Sessions Trial No. 286 o
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