LexRAVISHANKAR TANDON versus STATE OF CHHATTISGARH
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* Author [2024] 4 S.C.R. 558 : 2024 INSC 299 Ravishankar Tandon v. State of Chhattisgarh (Criminal Appeal No. 3869 of 2023) 10 April 2024 [B.R. Gavai* and Sandeep Mehta, JJ.] Issue for Consideration In a case based on circumstantial evidence wherein the appellants- accused persons were convicted u/s.302 r/w s.34, ss.120B and 201, s.302 r/w ss.34 and 120B, IPC and sentenced to imprisonment for life, whether the prosecution was able to prove beyond reasonable doubt that the recovery of the dead body of the deceased from the pond was on the basis of the information given by the appellants in the statement recorded u/s.27, Evidence Act, 1872. Headnotes Evidence Act, 1872 – s.27 – Prosecution relied on the memorandum of the appellants-accused u/s.27 and the subsequent recovery of the dead body of the deceased from the pond at Bhatgaon – Correctness: Held: For bringing the case u/s.27, it will be necessary for the prosecution to establish that, based on the information given by the accused while in police custody, it had led to the discovery of the fact, which was distinctly within the knowledge of the maker of the said statement – It will have to establish that before the information given by the accused persons on the basis of which the dead body was recovered, nobody had the knowledge about the existence of the dead body at the place from where it was recovered – Insofar as the memorandum u/s.27 is concerned, the prosecution relied on the depositions of PW-5 (brother-in-law of the deceased) and PW-18 (another witness of the memorandum) – Evidence of PW-2 (brother of the deceased) read with that of PW-5 revealed that the police as well as these witnesses knew about the death of the deceased occurring and the dead body being found at village Bhatgaon prior to the statements of the accused persons being recorded u/s.27 – All the statements were recorded after 10:00 am whereas PW-2 stated that at around 08:00 am, police informed him about the accused persons killing [2024] 4 S.C.R. 559 Ravishankar Tandon v. State of Chhattisgarh the deceased and thereafter they going to Bhatgaon – PW-5 admitted that he arrived at village Kunda and on his arrival, he was informed by his brother-in-law and nephew (PW-2) about the murder of the deceased – His evidence showed that though his statement was taken at Kunda police station, it was signed at Bhatgaon – As such, the possibility of these documents being created to rope in the accused persons cannot be ruled out – PW- 18 also admitted that he had signed the papers without reading them and that too on the instructions of the police – Furthermore, insofar as the statement of accused No.3 is concerned, even the statement recorded u/s.27 was not at all related to the discovery of the dead body of the deceased – Prosecution failed to prove that the discovery of the dead body of the deceased from the pond at Bhatgaon was only on the basis of the disclosure statement made by the accused persons u/s.27 and that nobody knew about the same before that – It utterly failed to prove any of the incriminating circumstances against the appellants – Chain of circumstances not so complete leading to no other conclusion than the guilt of the accused persons – Impugned judgment as well as the judgment of the trial court, quashed and set aside – Appellants acquitted. [Paras13-15, 21-23, 26, 27] Evidence – Circumstantial evidence – Law as regards conviction on the basis of circumstantial evidence – Discussed. Case Law Cited Sharad Birdhichand Sarda v. State of Maharashtra [1985] 1 SCR 88 : (1984) 4 SCC 116 : 1984 INSC 121; State (NCT of Delhi) v. Navjot Sandhu alias Afsan Guru [2003] Supp. 1 SCR 130 : (2005) 11 SCC 600 : 2005 INSC 333; Asar Mohammad and Others v. State of Uttar Pradesh [2018] 13 SCR 248 : (2019) 12 SCC 253 : 2018 INSC 985; Boby v. State of Kerala [2023] 1 SCR 335 : 2023 SCC OnLine SC 50 : 2023 INSC 23. List of Acts Evidence Act, 1872; Penal Code, 1860. List of Keywords Circumstantial evidence; Beyond reasonable doubt; Disclosure statement made by accused persons; Subsequent recovery of dead body; Information given by accused while in police custody; 560 [2024] 4 S.C.R. Digital Supreme Court Reports Discovery of fact distinctly within the knowledge of the maker of the statement; Documents created to rope in accused persons; Incriminating circumstances not proved; Chain of circumstances not complete. Case Arising From CRIMINAL APP
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