Conviction Overturned as Court Finds Chain of Circumstantial Evidence Incomplete; Accused Set to Be Released
In a significant verdict, the Chhattisgarh High Court has acquitted two individuals, Kaushal @ Deepak Nirmalkar and Lokesh Shori @ Loku, who were previously convicted for murder under Sections 302/34 and 201 of the Indian Penal Code. The division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal delivered the judgment on August 5, 2026, citing the prosecution's failure to establish a complete chain of circumstantial evidence that could conclusively point to the guilt of the accused.
The case stemmed from an incident reported on June 26, 2019, when the body of Paleshwar Nirmalkar was found near Ranwahi Canal Culvert with injuries indicating a homicidal death. The appellants were convicted by the Additional Sessions Judge, Bhanupratappur, and sentenced to life imprisonment.
The High Court's judgment underscored the principles governing cases based on circumstantial evidence, referring extensively to precedents set by the Supreme Court. The Court highlighted that suspicion, however strong, cannot replace proof. The bench noted that the prosecution failed to provide an unbroken chain of evidence exclusive to the accused's guilt, leaving room for reasonable doubt.
The Court also found discrepancies in the recovery of alleged weapons and clothing, and emphasized that the presence of blood on seized articles was insufficient for conviction without corroborative evidence. The Court criticized the reliance on confessions obtained during police custody, which are inadmissible under Section 25 of the Indian Evidence Act.
Highlighting the principle of benefit of doubt, the Court acquitted the appellants, directing their release if not required in other cases. The judgment also invoked Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requiring the appellants to furnish personal bonds as a precautionary measure in case of an appeal by the State.
This verdict reinforces the judiciary's commitment to ensuring convictions are based on irrefutable evidence, upholding the fundamental rights of the accused to a fair trial.
Bottom Line :
Circumstantial evidence - Conviction cannot be sustained merely on suspicion or conjecture - Prosecution must establish a complete chain of evidence pointing unerringly to the guilt of the accused, excluding all other hypotheses.
Statutory provision(s): Indian Penal Code Sections 302, 34, 201; Indian Evidence Act Sections 25, 27; Criminal Procedure Code Section 313; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 481.
