Vinodbhai Babubhai Parmar vs The State Of Gujarat on 29 July, 2026

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    Vinodbhai Babubhai Parmar vs The State Of Gujarat on 29 July, 2026

    Author: Sanjay Karol

    Bench: Sanjay Karol

                                                                    NON-REPORTABLE
    
                                     IN THE SUPREME COURT OF INDIA
                                    CRIMINAL APPELLATE JURISDICTION
    
    
                                     CRIMINAL APPEAL NO.1805 OF 2014
    
    
    
                             VINODBHAI BABUBHAI
                             PARMAR                                … APPELLANT(S)
    
                                                      VERSUS
    
                             STATE OF GUJARAT                    … RESPONDENT(S)
    
    
                                                     ORDER
    

    AUGUSTINE GEORGE MASIH, J.

    1. This appeal, filed by way of special leave granted
    vide order dated 19.08.2014, assails the
    judgment and order dated 17.09.2013 passed
    by the High Court of Gujarat at Ahmedabad in
    Criminal Appeal No.1455 of 2008, preferred by
    the appellant and two co-accused against their
    conviction recorded by the Special Judge
    Signature Not Verified

    SPONSORED

    Digitally signed by
    RAJNI MUKHI
    Date: 2026.08.05
    (Atrocity), Himatnagar, Camp at Idar, in Special
    16:43:14 IST
    Reason:

    Crl. A. No.1805/2014 Page 1 of 20
    (Atrocity) Case No.13 of 2007 was partly
    allowed.

    2. The prosecution case was that the deceased,
    Kamlesh Maganbhai Vankar, left home on
    21.12.2006 to attend a meeting of Sarpanches
    at Gambhirpura and did not return. On
    enquiry, the appellant and the co-accused who
    stated that they were innocent, upon which the
    family of the deceased lodged a complaint,
    registered as FIR No.151/2006 dated
    23.12.2006 at Police Station Idar, Gujarat, on
    the statement of the informant, Dineshbhai
    Maganbhai Vankar, brother of the deceased. It
    was alleged that the appellant (Accused No.1),
    along with Bhogilal Ramabhai Vankar (Accused
    No.2) and Pravinkumar Dahyabhai Vankar
    (Accused No.3), had taken the deceased in a
    jeep bearing registration No.GJ-2-AC-2015,
    that near a canal in the sim of village Babsar
    the appellant inflicted two axe blows on the
    head of the deceased, and that the body was
    thrown into the canal of the Dharoi dam. The
    motive alleged was a suspected illicit

    Crl. A. No.1805/2014 Page 2 of 20
    relationship between the deceased and one
    Gitaben. The body was recovered four days
    later, on 24.12.2006, and postmortem was
    conducted the same day.

    3. Upon investigation and committal, the
    appellant and the two co-accused were tried in
    Special (Atrocity) Case No.13 of 2007. By
    judgment dated 16.04.2008, the Special Judge
    (Atrocity) convicted all three accused under
    Section 302 read with Section 34, and under
    Section 201 read with Section 34, of the Indian
    Penal Code, 1860 (hereinafter, “the IPC”), and
    sentenced them to imprisonment for life and to
    five years’ simple imprisonment, respectively.
    The conviction rested on the evidence of the
    deceased’s family members as to the
    circumstances in which the deceased was last
    seen; an alleged extra-judicial confession; the
    recovery of the dead body and of the alleged
    weapon of offence, an axe; and forensic evidence
    of human blood of “A” group the blood group of
    the deceased said to have been found on the
    jeep and on the axe.

    Crl. A. No.1805/2014 Page 3 of 20

    4. In appeal, the High Court examined each of
    these circumstances afresh. As to the motive, it
    found that none of the witnesses had, in fact,
    deposed to having seen the deceased or the
    accused persons in the house or company of
    Gitaben, who herself, when examined, had been
    declared hostile. As to the postmortem evidence,
    the medical officer’s opinion was that death had
    occurred three to four days prior to the
    examination, no rigor mortis being present at
    that stage; on this material, the High Court held
    that it was unable to differ from the trial court’s
    finding that the death was homicidal in nature.

    5. As to Section 34 IPC and the existence of a
    common intention amongst the three accused,
    the High Court held that, looking to the totality
    of the evidence, there was no pre-planning, no
    object, and no common intention amongst the
    three accused, and that the conviction under
    Section 302 read with Section 34 IPC could not,
    on that basis, be sustained.

    Crl. A. No.1805/2014 Page 4 of 20

    6. As regards the appellant individually, the High
    Court proceeded to hold that the chain of last
    seen together, along with the evidence of two
    witnesses, namely, Kapurji Takhaji Chauhan
    (PW-31) and Rameshbhai Shankarbhai Patel
    (PW-33), and the report of the Forensic Science
    Laboratory, was sufficient to conclude that the
    appellant alone was the author of the crime, and
    sustained his conviction, altering it to one
    under Section 302 IPC simpliciter.

    7. As to the presence of the three accused and the
    alleged extra-judicial confession, the High Court
    held that the confession relied upon by the trial
    court had been made in police custody and was
    inadmissible under Section 25 of the Indian
    Evidence Act, 1872, that there was some
    uncertainty as to the timing of death, and that
    the panch witnesses had not, in evidence,
    supported the case of the prosecution. On this
    basis, the High Court held that the conviction
    under Section 302 IPC of all three accused
    could not be sustained on the confession or the

    Crl. A. No.1805/2014 Page 5 of 20
    panch evidence, and acquitted Accused Nos.2
    and 3 of that offence.

    8. As to Section 201 IPC, the High Court confirmed
    the conviction of all three accused, on the
    ground that the dead body had been found in a
    jeep connected to the appellant’s family, and
    that blood-stains matching the deceased’s blood
    group had been narrated by two witnesses,
    namely, Manubhai Dahyaji Parmar (PW-18) and
    Basirkhan Ismailkhan Nagori (PW-15). The High
    Court confirmed the conviction of all three
    accused under Section 201 IPC, reducing the
    default sentence in the appellant’s case and
    modified the appellant’s conviction to one under
    Section 302 IPC retaining the sentence but
    reducing the default sentence. Accused Nos. 2
    and 3, having been acquitted under Section 302
    IPC and the sentence under Section 201 IPC
    having been undergone, were directed to be set
    at liberty forthwith. While the appellant was
    directed to surrender within twelve weeks.

    Crl. A. No.1805/2014 Page 6 of 20

    9. Learned counsel for the appellant assails the
    judgment of the High Court principally on the
    ground that the evidentiary material relied upon
    to convict the appellant, whether under Section
    302 or Section 201 IPC, does not, on a fair
    reading of the record, bear the weight the courts
    below have placed upon it. There is no
    eyewitness to the alleged assault; the case is
    entirely one of circumstantial evidence, resting
    on the theory of last seen together, an extra-
    judicial confession, the recovery of the body and
    of the weapon, and a forensic comparison of
    blood group. The last-seen circumstance is itself
    hearsay and inconsistent: none of the family
    witnesses saw the deceased leave in the
    appellant’s company, each speaking only of
    what was later told to them; the deceased’s own
    father named only Bhogilal Ramabhai and
    Pravinbhai as having left with the deceased,
    without naming the appellant, while other
    family witnesses did include him; and more
    than one of these witnesses admitted in cross-
    examination that particulars now forming part

    Crl. A. No.1805/2014 Page 7 of 20
    of their court testimony had found no place in
    their statements to the police.

    10. It is submitted that the alleged extra-judicial
    confession is not a single, consistent piece of
    evidence but at least three irreconcilable
    accounts. The first informant attributed the
    disclosure that an accident had occurred and
    the body had been thrown into the canal to a
    statement made by the appellant alone before
    certain caste elders, and admitted in cross-
    examination that no such statement found
    mention in the FIR. A second witness from the
    same group of elders attributed the identical
    disclosure not to the appellant but to the co-
    accused Bhogilal, with a different version of the
    accident. A third account, given by the
    deceased’s father, is that the confession was
    extracted not before caste elders but at the
    police station itself, after the police had “given
    threat to all of them to tell the truth.” A
    confession so variously placed as to its maker,
    its audience, and its very locus cannot be
    treated as a single reliable circumstance; one

    Crl. A. No.1805/2014 Page 8 of 20
    extracted by the police under threat is not, in
    any event, a voluntary statement of the kind the
    law requires.

    11. It is submitted that the theory of motive is
    similarly infirm. The charge-sheet cites Gitaben
    as the woman with whom the deceased is
    alleged to have had an illicit relationship; she
    denied knowing the appellant or the deceased,
    denied the relationship, and was declared
    hostile. One of the family witnesses relied upon
    for the motive theory, however, named an
    entirely different woman “Leelaben” as the
    person concerned, a discrepancy neither
    noticed nor reconciled by the courts below.

    12. It is submitted that the recovery of the body and
    of the axe rests entirely on panch witnesses
    declared hostile at trial, each of whom resiled
    from the panchnama to which he was witness.
    The High Court itself held that the panch
    witnesses had not supported the prosecution
    case and, for that reason, declined to sustain
    the conviction of Accused Nos. 2 and 3 under

    Crl. A. No.1805/2014 Page 9 of 20
    Section 302 IPC; it nonetheless relied upon two
    of these very witnesses, namely, Kapurji Takhaji
    Chauhan (PW-31) and Rameshbhai
    Shankarbhai Patel (PW-33), to hold the
    appellant individually to be the author of the
    crime, without indicating what part of their
    testimony could safely be relied upon for that
    limited purpose.

    13. It is submitted, with particular emphasis, that
    the finding sustaining Section 201 IPC does not
    correspond to the evidence on record. The High
    Court attributed the blood-stain evidence to two
    witnesses, namely, PW-18 Manubhai Dahyaji
    Parmar and PW-15 Basirkhan Ismailkhan
    Nagori. Neither deposition bears this out: PW-
    15, from whom the jeep was purchased, spoke
    only to the sale and physical condition of the
    vehicle and did not even identify the appellant
    before the trial court; PW-18 is not a witness to
    blood-stain evidence at all, but the hostile
    panch to the inquest panchnama at the canal,
    who did not support even that panchnama. The
    witness who did depose to red-coloured stains

    Crl. A. No.1805/2014 Page 10 of 20
    on the jeep’s meter and rear seat, PW-28
    Kacharabhai Manabhai Vankar, the panch to
    the jeep panchnama, is not among the two cited
    by the High Court, and his evidence is itself
    open to question: he deposed that the seat had
    already been cleaned before the panchnama
    was drawn, and admitted that he had been
    brought to the police station by the first
    informant, PW-2 Dinesh Maganbhai Vankar, a
    member of the deceased’s own family, to serve
    as a panch. Blood grouping of this kind is, in
    any event, incapable of individualising a stain
    to a particular person, “A” being a common
    group, as the accused themselves stated in their
    examination under Section 313 of the Code of
    Criminal Procedure, 1973, without
    contradiction by the prosecution.

    14. It is finally submitted that the medical evidence
    does not permit the certainty attributed to it by
    the courts below. The postmortem was
    conducted four days after the alleged
    occurrence, and the medical officer could speak
    to the time of death only within a range of three

    Crl. A. No.1805/2014 Page 11 of 20
    to four days, a want of precision that weakens
    the connection to the chain sought to be
    established between the appellant and the
    occurrence.

    15. On the other hand the learned counsel for the
    State has supported the impugned judgment
    and has referred to the same.

    16. We have heard learned counsel for the parties,
    perused the judgments of the courts below
    together with the record.

    17. This Court does not, as a matter of course, re-

    appreciate evidence or interfere with concurrent
    findings of fact in the exercise of its jurisdiction
    under Article 136 of the Constitution. However,
    such interference is warranted only where the
    findings are vitiated by an error of law, are
    manifestly perverse, or disclose a departure
    from settled principles of criminal
    jurisprudence. Where a finding of guilt rests
    upon evidence which the very same judgment
    has, in relation to a co-accused facing an
    identical charge, held to be insufficient to

    Crl. A. No.1805/2014 Page 12 of 20
    sustain a conviction, or where the finding
    proceeds on a reading of the evidence that is
    plainly inconsistent with what the witness has
    in fact deposed, the matter ceases to be one of
    mere appreciation of evidence and assumes the
    character of a legal infirmity in the decision-
    making process. As was held by this Court in
    Javed Shaukat Ali Qureshi v. State of
    Gujarat1
    , where the evidence against multiple
    accused is inseparable and of the same quality,
    the Court cannot, without a cogent and legally
    sustainable distinction, convict one accused
    while extending the benefit of doubt to another
    similarly situated co-accused.

    18. Examined on this footing, the finding that the
    appellant was individually the author of the
    crime under Section 302 IPC does not withstand
    scrutiny. It rests, as per the impugned
    judgment, upon the testimony of PW-31 Kapurji
    Takhaji Chauhan and PW-33 Rameshbhai
    Shankarbhai Patel, the panch witnesses to the
    recovery of the body and of the weapon,

    1 (2023) 9 SCC 164

    Crl. A. No.1805/2014 Page 13 of 20
    respectively, both of whom were declared hostile
    at trial and neither of whom supported, in
    evidence, the panchnama to which he was
    witness. The High Court has, in the very same
    judgment, held that the testimony of the panch
    witnesses, being unsupportive of the
    prosecution case, cannot sustain a conviction
    under Section 302 IPC, and has acted upon that
    finding to acquit the co-accused of the identical
    charge. No feature distinguishing the
    appellant’s case from that of the co-accused
    who stand acquitted has been identified, either
    in the impugned judgment or in the record; the
    principle of parity referred to above applies with
    full force.

    19. The finding under Section 201 IPC calls for
    equally careful examination. The blood-stain
    evidence treated by the High Court as
    corroborative is attributed to PW-18 and PW-15,
    yet their depositions disclose no such evidence.
    While PW-15 merely deposed to the sale of the
    jeep, PW-18, the canal-panch, turned hostile
    and did not support the prosecution on this

    Crl. A. No.1805/2014 Page 14 of 20
    aspect. The witness who did refer to red stains,
    PW-28 Kacharabhai Manabhai Vankar, was not
    the witness relied upon by the High Court for
    that purpose; he had admittedly been procured
    as a panch by the complainant himself and,
    significantly, deposed that the seat had already
    been cleaned. A finding of guilt cannot rest upon
    a factual premise that finds no support in the
    evidence of the very witnesses relied upon by
    the Court. Equally, the mere recovery of an
    article, in this case the axe, bearing the same
    blood group as that of the deceased cannot, in
    the absence of a complete and corroborated
    chain of incriminating circumstances
    connecting the article with the accused and the
    offence, elevate suspicion into proof. As
    reiterated by this Court in Raja Naykar v.
    State of Chhattisgarh2
    , such evidence,
    standing alone and unsupported by a complete
    chain of circumstances, is insufficient to
    sustain a conviction.

    2 (2024) 3 SCC 481

    Crl. A. No.1805/2014 Page 15 of 20

    20. The remaining circumstances relied upon by
    the prosecution do not bridge this evidentiary
    gap. The alleged motive stands considerably
    weakened, not only because Gitaben did not
    support the prosecution, but also because
    another witness attributed the alleged illicit
    relationship of the appellant to an altogether
    different woman. The last-seen circumstance is
    equally inconclusive, resting as it does upon
    second-hand accounts which are inconsistent
    as to which of the three accused the deceased is
    even alleged to have accompanied, while several
    witnesses introduced material particulars in
    their depositions which they admittedly had not
    stated in their police statements.

    21. The alleged extra-judicial confession is beset by
    even graver infirmities. Far from constituting a
    single and consistent account, the prosecution
    has presented three irreconcilable versions
    differing as to the maker of the confession, the
    persons before whom it was allegedly made, and
    the place where it was made. Apart from the bar
    contained in Section 25 of the Indian Evidence

    Crl. A. No.1805/2014 Page 16 of 20
    Act, 1872, this Court in Sahadevan v. State of
    Tamil Nadu, (2012) 6 SCC 403, observed that
    an extra-judicial confession is a weak piece of
    evidence and can be acted upon only where it is
    shown to be voluntary, truthful, inspires
    confidence, and is free from material
    discrepancies. A confession so fundamentally
    inconsistent in its authorship and surrounding
    circumstances falls far short of that standard.
    Viewed cumulatively, the circumstances relied
    upon by the prosecution do not form a complete
    chain excluding every reasonable hypothesis
    consistent with the innocence of the appellant,
    nor do they establish, beyond reasonable doubt,
    the appellant’s individual participation either in
    the assault or in the subsequent disappearance
    of evidence.

    22. This Court is conscious that the present is not
    a case of a wholly false implication
    demonstrated on the record, nor of an alibi
    established, nor of any affirmative finding that
    the appellant had no connection whatsoever
    with the events surrounding the deceased’s

    Crl. A. No.1805/2014 Page 17 of 20
    death. What the record discloses, rather, is a
    body of circumstantial evidence which, on a
    careful appreciation, falls short of establishing
    the appellant’s guilt to the standard required in
    a criminal trial proof beyond reasonable doubt,
    excluding every other reasonable hypothesis
    consistent with innocence. The hostile
    character of the witnesses on whom the
    individual finding against the appellant rests,
    the inconsistency in the last-seen and motive
    accounts, the inadmissibility and the internal
    contradiction surrounding the extra-judicial
    confession, the mismatch between the evidence
    actually on record and the findings recorded
    upon it in respect of Section 201 IPC, and the
    limited value of common blood-group evidence
    in the circumstances in which it was gathered,
    cumulatively give rise to such a doubt. The
    appellant in such circumstances, is entitled to
    the benefit of that doubt. The material on record
    does not meet the standard of proof the law
    requires before a conviction can be sustained
    qualifying acquittal of the appellant on the
    benefit of doubt.

    Crl. A. No.1805/2014 Page 18 of 20

    23. In the light of the foregoing discussion, the
    appeal is allowed. The judgment and order
    dated 17.09.2013 passed by the High Court of
    Gujarat at Ahmedabad in Criminal Appeal
    No.1455 of 2008, insofar as it sustains the
    conviction of the appellant under Section 302
    IPC and under Section 201 read with Section 34
    IPC, is set aside. The appellant is acquitted of
    both offences, giving him the benefit of the
    doubt.

    24. The appellant shall be released forthwith, if not
    required in connection with any other case,
    subject to such formalities as the jail authorities
    may require.

    25. The Registry shall communicate a copy of this
    order to the Superintendent of the jail in which
    the appellant is presently confined, and to the
    Special Judge (Atrocity), Himatnagar, Camp at
    Idar, for compliance and information, forthwith.
    The record and proceedings of the courts below
    shall be sent back.

    Crl. A. No.1805/2014 Page 19 of 20

    26. Pending applications, if any, stand disposed of.

    …….……..………..………………..J.
    [ SANJAY KAROL ]

    …….……..………..………………..J.
    [ AUGUSTINE GEORGE MASIH ]

    NEW DELHI;

    JULY 29, 2026.

    
    
    
    
    Crl. A. No.1805/2014                      Page 20 of 20
    ITEM NO.104                     COURT NO.8                  SECTION II-E
    
                      S U P R E M E C O U R T O F          I N D I A
                              RECORD OF PROCEEDINGS
    
    Criminal Appeal No.1805/2014
    
    VINODBHAI BABUBHAI PARMAR                                   Appellant(s)
                                           VERSUS
    
    THE STATE OF GUJARAT                                        Respondent(s)
    
    [TOP OF THE BOARD ]
    
    

    Date : 29-07-2026 This appeal was called on for hearing today.

    CORAM :

    HON’BLE MR. JUSTICE SANJAY KAROL
    HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

    For Appellant(s) : Mr. Mithilesh Kumar Singh, AOR
    Mr. Ashutosh Kumar Singh, Adv.

    Mrs. Manju Singh, Adv.

    Mr. Tarun Verma, Adv.

    For Respondent(s) :Ms. Swati Ghildiyal, AOR
    Ms. Aditi Agarwal, Adv.

    Ms. Apoorva Anand, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. The appeal is allowed in terms of signed non-reportable
    order.

    2. The judgment and order dated 17.09.2013 passed by the High
    Court of Gujarat at Ahmedabad in Criminal Appeal No.1455 of
    2008, insofar as it sustains the conviction of the appellant
    under Section 302 IPC and under Section 201 read with Section
    34
    IPC, is set aside. The appellant is acquitted of both
    offences, giving him the benefit of the doubt.

    3. The appellant shall be released forthwith, if not required
    in connection with any other case, subject to such formalities
    as the jail authorities may require.

    4. Pending application(s), if any, shall stand disposed of.

    (RAJNI MUKHI)                                   (ANU BHALLA)
    ASTT. REGISTRAR-cum-PS                        COURT MASTER (NSH)
    

    (Signed non-reportable order is placed on the file)



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