The State of Chattisgarh vs Ashok Bhoi Etc.

Court

Supreme Court of India

Date

27 February 2025

Case No.

Criminal Appeal No(s). 1258-1259 of 2015

Result

Dismissed

Bench

Bela M. Trivedi, Prasanna Bhalachandra Varale

Citation

[2025] 2 S.C.R. 1785 : 2025 INSC 256

Acts & Sections

IPC CrPC

Issue for consideration

Whether the High Court was justified in allowing the criminal appeal preferred by accused-respondent and dismissing acquittal appeal preferred by the State, thereby acquitting both the accused persons.

Headnote

Code of Criminal Procedure, 1973 – Whether the prosecution established entire chain of circumstances to prove the guilt of the accused persons as the case is based on Circumstantial Evidence – Correctness:

Held: The entire case of the prosecution hinged on the circumstantial evidence, there was no eye-witness to the alleged incident – So far as accused-AB is concerned, prosecution relied on evidence of PW-18, who had seen the deceased alongwith the accused at the date of incident and reliance has also been placed on the recovery of the blade and nails & T-shirt with blood stains made at the instance of the accused-AB – The entire theory of “last seen together” is based on Section 106 of the Evidence Act – It is also true that if the prosecution proves by leading reliable evidence that the accused was last seen with the deceased, the burden would be shifted on the accused to explain the said incriminating evidence, said evidence alone would not be sufficient to hold him guilty of the alleged offence – The accused’s failure to present evidence on his behalf may be treated by the court as confirming the presumptions that may arise therefrom, nonetheless, that presumption alone, taking recourse to Section 106, would not be sufficient to convict an accused – Moreover, the recovery of blade, nails and T-shirt with blood stains after two days of the incident also does not inspire any confidence, thus, the prosecution failed to establish entire chain of circumstances that would lead to the guilt of the accused – There was no evidence whatsoever produced by the prosecution to prove the guilt of the accused-V or to connect him with the alleged crime therefore, the High Court has rightly confirmed the judgment of acquittal for V – Thus, the High Court having rightly appreciated the evidence as well as the legal position, we do not find any illegality or infirmity in the judgment passed by High Court. [Paras 6, 8, 9, 10, 11]

Judgment 1. The present set of two appeals have been filed by the State of Chhattisgarh challenging the impugned common judgment and order passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.601 of 2007 and Acquittal Appeal No.1 of 2009, whereby the High Court has allowed the Criminal Appeal No.601 of 2007 filed by the respondent – accused – Ashok Bhoi, and has acquitted him from the charges levelled against him, and dismissed the Acquittal Appeal No.1 of 2009 preferred by the State against the acquittal of the respondent – accused – Vikash Khubwani. 2. As per the case

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