State Of Rajasthan vs Premlal on 14 July, 2026

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    Rajasthan High Court – Jodhpur

    State Of Rajasthan vs Premlal on 14 July, 2026

    Author: Vinit Kumar Mathur

    Bench: Vinit Kumar Mathur

         [2026:RJ-JP:30638-DB]
    
                 HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                AT JODHPUR
    
                            D.B. Murder Reference No. 4/2025
                                  CNR: RJHC011160182025
                                    URN: MREF / 4U / 2025
    
         State Of Rajasthan, Through PP
                                                                               ----Petitioner
                                                Versus
         Premlal, S/o Nawa, Age Major, R/o Nedach, P.s. Khamnore,
         District Rajsamand (Raj)
                                                                             ----Respondent
                                          Connected With
    
    
                        D.B. Criminal Appeal (DB) No.27/l2026
                                  CNR: RJHC010047832026
                                   URN: CRLD / 63U / 2026
    
         Premlal, S/o Nawa, Age Major, R/o Nedach, P.s. Khamnore,
         District Rajsamand (Raj)
                                                                              ----Appellant
                                                Versus
         State Of Rajasthan, Through PP
                                                                             ----Respondent
    
    
         Mr. Deepak Choudhary, AAG for the State
         Mr. Gaurav Singh, for the accused
    
    
    
                  HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
                HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
                                             Judgment
    Reportable
         BY THE COURT: (PER HON'BLE MR. JUSTICE VINIT KUMAR MATHUR)
           1.    Date of conclusion of argument                        09.07.2026
           2.    Date on which the judgment was 09.07.2026
                 reserved
    

    3. Whether the full judgment or only Full Judgment
    operative part is pronounced

    4. Date of Pronouncement 14.07.2026

    SPONSORED

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    1. By the impugned judgment and order dated 08.12.2025,

    passed in Sessions Case No. 30/2023, the Learned Additional

    District and Session Judge, Mavli, Udaipur (referred to

    hereinafter as “the Trial Court”), in the case of State of

    Rajasthan vs. Premlal, convicted and sentenced the accused-

    appellant as under :-

    302 IPC Death Penalty, with a In default of payment of
    Fine of Rs.50,000/- fine to further undergo one
    year Additional Rigorous
    Imprisonment.

    2. Death Reference No.04/2025 has been submitted by the Trial

    Court under Section 366 Cr.P.C. seeking confirmation of the

    capital punishment awarded to accused-appellant Premlal.

    Appeal No. 27/2026 has been preferred by accused/appellant

    Premlal assailing the impugned judgment.

    3. As the Death Reference as well as Appeal both arise out of the

    same judgment and order, they have been heard and are being

    decided together.

    Factual Aspects:

    4. Facts relevant for adjudication of the present case are that on

    14.01.2023, complainant Bhagga submitted a written report at

    Police Station Ghasa, District Udaipur, alleging that his

    daughter, Nima, had been married about seven years earlier to

    accused-appellant Premlal in accordance with the customs

    prevailing in their community. After marriage, Nima resided at

    her matrimonial home and was blessed with one son and one

    daughter. It was alleged that about one year prior to the

    incident, accused-appellant Premlal had contracted a second

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    marriage (Nata marriage) with Shanta. Aggrieved by the

    conduct of her husband, Nima left her matrimonial home along

    with her two children and started residing with her parents at

    Village Negadia, where she sustained herself by working as a

    labourer in the neighbouring villages. The complainant further

    alleged that on 12.01.2023 at about 7:30 a.m., accused-

    appellant Premlal telephonically contacted Nima and informed

    her that he had reached Ghoda Ghati, asking her to come

    there. Though Nima initially expressed her reluctance on the

    ground that it was too early in the morning, she subsequently

    left her parental home at about 8:00 a.m. carrying a tiffin of

    food and proceeded towards the Negadia bus stand. At about

    10:00 a.m., the complainant’s grandson, Raju, attempted to

    contact Nima on her mobile number 9079097729, but her

    mobile phone was found switched off. It was also alleged that

    the mobile phone of accused-appellant Premlal remained

    switched off thereafter. Since Nima did not return home for two

    days, the complainant approached Police Station Delwada for

    lodging a missing person report. While he was present there,

    the police informed him that information had been received

    regarding the recovery of a woman’s dead body lying in a field

    near Village Sindhu. The complainant, accompanied by one

    China, proceeded to the place of occurrence, where he

    identified the deceased as his daughter, Nima. According to the

    complainant, injuries were visible on her face and head, which

    appeared to have been caused by a stone. Suspecting that

    accused-appellant Premlal had deceitfully called Nima to the

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    place of occurrence and thereafter murdered her by inflicting

    stone blows on her head and face.

    5. On the basis of the said report, a case bearing FIR No. 9/2023

    came to be registered at Police Station Ghasa, Udaipur for the

    offence under Section 302 of the Indian Penal Code.

    6. After completion of investigation, the police filed a charge-sheet

    against the accused – appellant for the offence under Section

    302 of the Indian Penal Code before the Additional Chief

    Judicial Magistrate, Mavli, Udaipur from where the case was

    committed for trial to the learned Session Judge, Udaipur and

    latter the matter was transferred to Additional District and

    Session Judge, Mavli, Udaipur for trial.

    7. Learned trial court, after hearing arguments on charge, framed,

    read over and explained the charges under Section 302, to the

    accused-appellant, who denied the same and claimed trial.

    8. During the trial, the prosecution examined as many as 23

    witnesses. In support of its case, the prosecution also produced

    documentary evidence, Exhibits P-01 to P-34 in support of its

    case; whereafter the prosecution evidence was closed.

    9. The statement of the accused-appellant was recorded under

    Section 313 Cr.P.C., wherein he denied the prosecution

    allegations in toto and claimed to be innocent, in defence, the

    accused-appellant not examined any witness.

    10. Learned Trial Court, after hearing the arguments advanced on

    behalf of both sides and upon appreciation of the oral and

    documentary evidence brought on record, convicted and

    sentenced the accused-appellant for the offence under Section

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    302 and sentenced him vide judgment dated 08.12.2025, as

    mentioned hereinabove.

    11. Being aggrieved by the aforesaid judgment of conviction and

    order of sentence passed by the learned trial court, the

    accused-appellant has preferred the present appeal before this

    Court whereas the trial court has sent the matter before this

    Court for confirmation of the death sentence and therefore, the

    murder reference has been registered.

    Submission on Behalf of Accused/Appellant:

    12. Learned Counsel appearing on behalf of the accused-appellant,

    while assailing the impugned judgment, vehemently submitted

    that the judgment dated 08.12.2025 passed by the learned trial

    court is contrary to the evidence available on record and,

    therefore, the same is unsustainable in the eye of law and

    deserves to be quashed and set aside by this Court.

    13. Learned counsel submitted that the learned trial Court failed to

    appreciate the prosecution evidence in its correct perspective

    and ignored the inherent inconsistencies and infirmities

    appearing on record. It was argued that the prosecution has

    failed to establish the guilt of the appellant beyond reasonable

    doubt and, therefore, the conviction cannot be sustained.

    14. Learned Counsel for the accused-appellant further submitted

    that there is no direct, reliable or cogent evidence connecting

    the accused-appellant with the commission of the alleged

    offence. According to learned counsel, the prosecution evidence

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    is wholly insufficient and does not inspire confidence so as to

    warrant conviction of the appellant.

    15. Learned counsel submitted that the learned trial Court gravely

    erred in treating the present case as falling within the “rarest of

    rare” category. He Further submitted that although the learned

    trial Court extracted and relied upon the principles laid down in

    the decisions of the Hon’ble Supreme Court in Bachan Singh,

    Machhi Singh and other subsequent judgments, it failed to

    satisfy the constitutional requirement that life imprisonment is

    the rule and death sentence is an exception to be imposed only

    when the alternative option is unquestionably foreclosed.

    According to learned counsel, no reasons have been assigned

    demonstrating why life imprisonment would be wholly adequate

    in the facts of the present case.

    16. Learned Counsel for the accused-appellant submitted that while

    the learned trial Court extensively considered the alleged

    aggravating circumstances, namely the matrimonial relationship

    between the parties, alleged premeditation, commission of the

    offence at an isolated place and use of stones, it failed to

    adequately consider the mitigating circumstances relating to

    the accused appellant, including his age, absence of any

    previous criminal antecedents, family responsibilities, socio-

    economic background, possibility of reform and rehabilitation

    and the fact that the incident allegedly arose out of matrimonial

    discord rather than constituting a crime affecting society at

    large. He further submitted that sentencing exercise mandated

    by the Hon’ble Supreme Court requires balancing both

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    aggravating and mitigating circumstances, which exercise has

    not been undertaken.

    17. Learned counsel further argued that the learned trial Court has

    placed undue emphasis upon the alleged deception practised

    upon the deceased, breach of marital trust and the need to

    send a strong deterrent message to society while awarding the

    death penalty. He also submitted that moral indignation, public

    outrage or generalized notions of deterrence cannot substitute

    individualized sentencing, which is the governing principle in

    capital punishment jurisprudence. He submitted that the

    learned trial Court erroneously equated the brutal manner of

    commission of the offence with the “rarest of rare” doctrine

    without examining whether the appellant could still be

    considered capable of reform and rehabilitation.

    18. Learned Counsel also submitted that neither the prosecution led

    any evidence nor did the learned trial Court undertake any

    meaningful inquiry regarding the appellant’s likelihood of

    committing future offences or his prospects of reformation and

    rehabilitation. In the absence of such material, it was argued

    that the presumption ought to favour imposition of life

    imprisonment rather than the irreversible sentence of death.

    19. Learned counsel further submitted that the entire prosecution

    case rests upon circumstantial evidence, principally comprising

    the last seen circumstance, call detail records, medical evidence

    and the site inspection. It was submitted that in cases based

    exclusively upon circumstantial evidence, the possibility of error

    cannot be completely ruled out and, therefore, imposition of the

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    extreme penalty of death is wholly unwarranted. He also

    submitted that even the precedents relied upon by the learned

    trial Court regarding the last seen theory emphasize the

    necessity of careful scrutiny and corroboration before drawing

    an inference of guilt.

    20. Without prejudice to the aforesaid submissions, learned counsel

    alternatively submitted that the learned trial Court failed to

    examine whether the ends of justice could have been

    adequately served by imposing life imprisonment or a sentence

    of life imprisonment for a specified term without remission

    before resorting to the irreversible punishment of death. He

    submitted that failure to consider such alternative sentencing

    options vitiates the order awarding capital punishment.

    21. Learned Counsel further submitted that the finding recorded by

    the learned trial Court that the deceased remained in the

    exclusive company or domination of the accused-appellant at

    the place of occurrence is founded merely on conjectures drawn

    from the site plan (Exhibit P-3) and not upon any independent

    and reliable evidence. He also submitted that no recovery under

    Section 27 of the Indian Evidence Act connecting the accused-

    appellant with the alleged weapon of offence or any blood-

    stained article has been proved and, therefore, the chain of

    circumstances remains incomplete.

    22. Lastly, learned counsel submitted that the learned trial Court

    failed to properly appreciate the defence case regarding the

    existence of prior matrimonial discord, separation between the

    spouses and efforts at reconciliation. According to learned

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    counsel, these circumstances make it reasonably possible that

    the deceased may have left or met with harm in circumstances

    not exclusively attributable to the appellant. He, therefore,

    submitted that where two views are reasonably possible on the

    evidence available on record, the one favourable to the accused

    ought to have been adopted. Consequently, it was prayed that

    the impugned judgment of conviction and order of sentence be

    set aside and the appellant be acquitted of the charges.

    23. In the alternative, learned Counsel submitted that even

    assuming for the sake of arguments that the conviction to be

    justified, the present case does not fall within the category of

    “rarest of rare” cases and, therefore, the sentence of death

    deserves to be commuted to life imprisonment.

    24. E-converso, learned Additional Advocate General Mr. Deepak

    Choudhary has vehemently opposed the submissions advanced

    on behalf of learned Counsel for the accused-appellant and has

    supported the findings recorded by the learned trial court. He

    further submitted that the impugned judgment dated

    8.12.2025 does not suffer from any infirmity or illegality and

    that the conviction of the accused-appellant for the offence

    under Section 302 IPC has been rightly recorded on the basis of

    reliable and cogent evidence available on record.

    Discussion & Analysis:

    25. We have bestowed our anxious consideration to the

    submissions advanced by learned counsel for the parties and

    have carefully re-appreciated the entire oral as well as

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    documentary evidence available on record including the

    impugned order dated 8.12.2025.

    Consideration of Testimonies:

    26. At the very outset, the First Information Report (Ex.P-1),

    though naming the accused-appellant Premlal, does not inspire

    complete confidence, but the fact of the matter remains that

    PW-1 Bhagga, the complainant and father of the deceased, has

    categorically admitted during cross-examination that he is an

    illiterate person and only knows how to sign. He specifically

    deposed that Ex.P-1 was written by the police official of Police

    Station Delwara and the contents thereof were never read over

    or explained to him before obtaining his signatures. More

    importantly, he admitted that had the police not informed him

    that Premlal had committed the murder, he himself would not

    have known that the accused-appellant was responsible. Such

    an admission strikes at the very root of the prosecution case

    because it demonstrates that the implication of the accused-

    appellant in the FIR was not based upon the complainant’s

    personal knowledge, but upon information allegedly supplied by

    the police. Consequently, PW-1 emerges merely as a hearsay

    witness regarding the involvement of the accused-appellant and

    not as a witness possessing direct knowledge of the occurrence.

    27. The evidence further reveals that despite the deceased

    allegedly remaining missing from 12.01.2023 till recovery of

    her dead body on 15.01.2023, no missing person report was

    lodged. Neither the prosecution nor the Investigating Officers

    have offered any satisfactory explanation for this conspicuous

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    omission. PW-23 Ajay Singh candidly admitted that he did not

    even investigate whether any missing report had been lodged

    before the competent police station. Such unexplained inaction

    assumes significance because the deceased was allegedly

    missing for nearly three days, yet no immediate legal steps

    were taken by her family members. This circumstance

    materially weakens the prosecution story and creates doubt

    regarding the sequence of events narrated subsequently.

    28. The prosecution has sought to establish the guilt of the

    accused-appellant principally through the theory of “last seen

    together”. However, the evidence adduced in support thereof is

    wholly unreliable and suffers from serious infirmities.

    29. The testimony of PW-10 Tulsiram, on careful scrutiny, does not

    inspire confidence and falls short of the standard required for

    establishing the “last seen together” circumstance. Although

    the witness claimed that he had seen the deceased Nima

    leaving with the accused-appellant Premlal on a motorcycle, his

    own admissions made during cross-examination render his

    version highly doubtful and unreliable. He admitted that despite

    allegedly witnessing such an important circumstance, he

    neither informed the police immediately nor disclosed this fact

    when the deceased did not return home. According to him, he

    merely informed PW-1 Bhagga that Nima had left with Premlal

    and even attempted to contact both Nima and the accused-

    appellant over the telephone, but as both calls remained

    unanswered, neither he nor the family members considered it

    appropriate to lodge an immediate report with the police,

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    despite the deceased remaining untraceable throughout the

    night. Such conduct is wholly unnatural and inconsistent with

    the behaviour expected of a close relative who claims to have

    been the last person to see the deceased alive in the company

    of the accused.

    30. More importantly, PW-10 admitted that when he visited the

    police station on the very next day after the recovery of the

    dead body and remained present during the investigation, he

    did not disclose to the Investigating Officer that he had seen

    the deceased leaving with the accused-appellant. He further

    admitted that even when he was called to the police station on

    subsequent occasions, including when the motorcycle was

    identified and when his signatures were obtained on various

    documents, he still did not reveal this alleged “last seen” fact.

    Significantly, he acknowledged that even after twenty days of

    the incident, the police neither recorded his statement nor

    visited his house for interrogation. His attention was specifically

    drawn to his police statement (Exhibit D-2), wherein the

    relevant portion regarding the deceased leaving with the

    accused-appellant was found absent, and the witness refused to

    acknowledge the suggested contents. Thus, the prosecution has

    failed to furnish any plausible explanation for the inordinate

    delay of nearly fifteen to twenty days in recording the

    statement of a witness who is projected as the principal witness

    of the “last seen together” theory.

    31. The aforesaid infirmity assumes greater significance in view of

    the categorical admission made by PW-21 Phaliram, the

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    Investigating Officer, that the statements of PW-10 Tulsiram

    and PW-12 Jamnalal were indeed recorded after a delay of

    about fifteen to twenty days and that no explanation for such

    delay finds place in the case diary or any other investigation

    record. He further admitted that despite treating these

    witnesses as material witnesses, their statements were not

    recorded under Section 164 Cr.P.C. before the Magistrate. In

    the absence of any satisfactory explanation for the

    extraordinary delay in recording their statements, coupled with

    the unnatural conduct of PW-10 in withholding such a vital fact

    despite repeated opportunities to disclose it, the possibility of

    subsequent embellishment or improvement cannot be ruled

    out. Consequently, the testimony of PW-10 Tulsiram does not

    inspire the confidence of this Court and cannot safely be relied

    upon for establishing the crucial circumstance of “last seen

    together”, which constitutes the very foundation of the

    prosecution case.

    32. Similarly, the statements of PW-12 Jamnalal also suffers from

    the same infirmity. Although he claims to have seen the

    deceased and the accused-appellant together, he admitted that

    he never followed them, did not know where they went, did not

    accompany them and had no knowledge whether they

    proceeded towards the place where the body was ultimately

    recovered. His statement also came to be recorded nearly one

    month after the incident. The witness himself admitted that he

    merely saw them riding together without knowing their

    destination. Thus, even if accepted in its entirety, his testimony

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    merely establishes that the deceased and the accused-appellant

    were together at some point of time and not that the accused-

    appellant continued to remain in her company till the time of

    death. Such evidence falls far short of the strict standard

    required for application of the last seen doctrine.

    33. The prosecution case suffers from another fatal infirmity. PW-23

    Ajay Singh, the first Investigating Officer, categorically admitted

    that during the course of his investigation no fact whatsoever

    came to light indicating with whom the deceased was last seen

    prior to her death. He further admitted that complainant

    Bhagga never disclosed before him that any person had seen

    the deceased leaving with the accused-appellant. These

    admissions completely demolish the subsequent version

    introduced by PW-10 and PW-12 after considerable delay.

    34. The testimony of PW-11 Dali Bai, the mother of the deceased,

    also fails to lend any support to the prosecution case with

    regard to the circumstance of “last seen together”. A careful

    appreciation of her evidence reveals that she is not an

    eyewitness to any material fact connected with the alleged

    occurrence. During her cross-examination, she categorically

    admitted that the accused-appellant Premlal had not come to

    her house on the relevant day and that she herself had never

    spoken to him over the telephone. According to her own

    version, she was not in possession of any mobile phone and the

    alleged call was received on her daughter’s mobile phone. She

    further admitted that she did not know from which mobile

    number the call had been made and had never personally

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    spoken to the caller. Thus, even the alleged telephonic

    conversation attributed to the accused-appellant remains

    unsubstantiated through her own testimony.

    35. More significantly, PW-11 unequivocally admitted that she had

    neither witnessed the deceased leaving the house with the

    accused-appellant nor seen them together at any point of time.

    She stated that when her daughter left the house, she did not

    even inquire where she was going. She further admitted that

    she had not seen the alleged incident and had no personal

    knowledge of the deceased accompanying the accused-

    appellant. When questioned regarding the alleged “last seen”

    circumstance, she candidly stated that it was other persons

    who had allegedly seen Nima and Premlal together, but she

    neither knew the names of those persons nor could she identify

    them. She merely stated that PW-10 Tulsiram had seen them

    together. Thus, her entire testimony regarding the deceased

    having left with the accused is admittedly based upon

    information received from others and not upon her own

    personal knowledge. Such evidence is purely hearsay in nature

    and is legally incapable of proving or corroborating the

    prosecution’s “last seen together” theory.

    36. Another significant aspect emerging from her cross-

    examination is that her statement was never recorded during

    the course of investigation. She specifically admitted that

    although she was called to the police station, the Investigating

    Officer neither interrogated her nor recorded her statement.

    She further admitted that even fifteen days after the incident,

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    no statement was recorded and she did not disclose any facts

    to the police. This omission on the part of the investigating

    agency assumes considerable significance because PW-11 is the

    mother of the deceased and was a natural witness. Had she

    been aware of any incriminating circumstance against the

    accused-appellant, the Investigating Officer would ordinarily

    have recorded her statement at the earliest opportunity. The

    failure to do so materially weakens the prosecution case.

    37. Her testimony also reveals that the matrimonial relationship

    between the deceased and the accused-appellant was not free

    from complexities. She admitted that although the parties had

    obtained a divorce before the incident at Police Station Delwara,

    a subsequent compromise had been executed before the

    Nathdwara Court and the relevant documents had also been

    furnished to the police. This admission substantially dilutes the

    prosecution’s attempt to establish a continuing matrimonial

    discord as the motive for the alleged offence.

    38. In view of the aforesaid admissions, it is evident that PW-11

    Dali Bai is not a witness to the alleged “last seen” circumstance,

    nor does she possess any direct knowledge connecting the

    accused-appellant with the occurrence. Her evidence, being

    entirely hearsay on this crucial aspect and unsupported by any

    contemporaneous statement recorded during investigation,

    does not furnish any corroboration to the prosecution case.

    Consequently, no reliance can safely be placed upon her

    testimony for establishing the circumstance that the deceased

    was last seen alive in the company of the accused-appellant.

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    39. The prosecution has also relied upon alleged motive arising

    from matrimonial discord between the accused and the

    deceased. However, this circumstance also remains unproved.

    The evidence of PW-11 Dali Bai clearly reveals that after earlier

    disputes there had been reconciliation between the parties.

    Neither the alleged woman Shanta nor any other witness was

    examined to establish continuation of any extramarital

    relationship. No independent evidence has been adduced to

    prove that such dispute persisted immediately before the

    occurrence. Consequently, the alleged motive remains

    speculative and cannot constitute a reliable incriminating

    circumstance.

    40. The evidence of PW-21 Phaliram and PW-23 Ajay Singh, the

    two Investigating Officers, when examined in its entirety,

    discloses several material omissions, procedural irregularities

    and investigative lapses which strike at the very root of the

    prosecution case. Since the present case is founded entirely on

    circumstantial evidence, every link in the chain was required to

    be established through a fair, impartial and legally sustainable

    investigation. However, the admissions made by both the

    Investigating Officers during their cross-examination

    demonstrate that the investigation suffered from serious

    deficiencies, thereby creating substantial doubt regarding the

    reliability of the prosecution cases.

    41. At the outset, PW-21 Phaliram categorically admitted that

    during the course of investigation no eyewitness to the

    occurrence came forward. He further admitted that no CCTV

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    footage could be collected which established that the deceased

    Nima was last seen in the company of the accused-appellant

    Premlal. This admission assumes considerable significance

    because the prosecution has sought to establish the most

    crucial circumstance of “last seen together” only through the

    testimony of PW-10 Tulsiram and PW-12 Jamnalal. Admittedly,

    no independent witness from the bus stand or any public place

    was examined although, according to the prosecution itself, the

    deceased allegedly left from a busy public place where several

    persons were present. The failure of the investigating agency to

    collect any independent evidence or electronic evidence in

    support of the “last seen” theory materially weakens this vital

    circumstance.

    42. The credibility of the alleged “last seen” witnesses is further

    eroded by the admissions of PW-21 Phaliram. He candidly

    admitted that the statements of PW-10 Tulsiram and PW-12

    Jamnalal were recorded only after a delay of about fifteen to

    twenty days from the date of the incident and that no

    explanation whatsoever for such delay is available in the case

    diary or any other investigation record. He further admitted

    that although these witnesses constituted the foundation of the

    prosecution case, their statements were never recorded under

    Section 164 Cr.P.C. before the Magistrate. More importantly,

    after recording the statements of these witnesses, he did not

    record any supplementary statement of the complainant

    Bhagga to verify whether these witnesses had in fact informed

    him on the very day that the deceased had left with the

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    accused-appellant. Such unexplained delay coupled with the

    omission to obtain judicial statements under Section 164 Cr.P.C.

    casts a serious cloud upon the authenticity of the alleged “last

    seen” evidence and leaves open the possibility of subsequent

    improvement or embellishment.

    43. The investigation further reveals glaring lapses in collecting

    independent evidence. PW-21 admitted that the recoveries

    under recovery memos Exhibits P-8, P-9, P-10 and P-11 were

    not witnessed by any independent person and that only

    subordinate police officials were made witness. He further

    admitted that the recovery memos do not record any effort

    made by the investigating agency to secure independent

    witnesses before conducting the recoveries. It is equally

    admitted that neither the Patwari nor the Sarpanch of the

    locality was called at the time of the alleged recoveries despite

    the place being government land. Such recoveries witnessed by

    police officials only without any satisfactory explanation for

    non-association of independent witnesses, necessarily require

    strict judicial scrutiny and cannot be accepted at their face

    value.

    44. The procedure adopted while recording the disclosure

    statements under Section 27 of the Indian Evidence Act also

    creates doubt regarding their voluntariness and reliability. PW-

    21 categorically admitted that Exhibits P-22 and P-23 are not in

    the handwriting of the accused-appellant and that at the time

    of recording the alleged disclosure statements no person was

    present except himself and the accused-appellant. He further

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    admitted that whatever information was allegedly furnished by

    the accused-appellant was typed by him personally. Thus, the

    alleged disclosure statements were recorded in the absence of

    any independent witness, and the entire exercise remained

    confined to the Investigating Officer and the accused-appellant

    alone. Such a procedure falls short of the standard expected in

    criminal investigations and diminishes the evidentiary value of

    the alleged disclosures.

    45. The recoveries allegedly effected pursuant to the disclosure

    statements are also surrounded by serious doubts. PW-23 Ajay

    Singh, the first Investigating Officer, categorically admitted that

    immediately after the occurrence he thoroughly inspected the

    place of occurrence with the assistance of the Dog Squad and

    FSL team, searched the surrounding area within a radius of

    about 100 to 200 metres and seized every blood-stained article

    found at the scene. He specifically deposed that no blood-

    stained article was left behind at the place of occurrence.

    However, PW-21 Phaliram subsequently claimed recovery of a

    blood-stained stone and a blood-stained towel (Gamcha) from

    substantially the same place at the instance of the accused-

    appellant. Significantly, PW-21 himself admitted that Exhibits P-

    10 and P-11 relate substantially to the same place, the only

    difference being a distance of about ten to fifteen feet between

    them, and further admitted that both the stone and towel

    (Gamcha) were recovered from the place of occurrence itself.

    46. This contradiction assumes considerable importance. If,

    according to PW-23 Ajay Singh, the entire place of occurrence

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    had already been minutely inspected and every blood-stained

    article had been seized during the initial investigation, the

    subsequent recovery of additional blood-stained articles from

    practically the same location pursuant to the disclosure

    statement of the accused-appellant becomes highly doubtful.

    Such inconsistent versions given by the two Investigating

    Officers materially diminish the evidentiary value of the alleged

    recoveries and render them unsafe to rely upon.

    47. Further doubt arises from the fact that the recovered black

    towel (Gamcha) admittedly did not bear any distinctive mark or

    identification connecting it with the accused-appellant.

    Likewise, PW-21 admitted that no information under Section 27

    of the Evidence Act was obtained regarding the use of the

    motorcycle allegedly employed in the commission of the

    offence. No recovery memo was prepared regarding the place

    from where the motorcycle was seized, nor was any

    documentary record placed on file establishing its ownership

    except an unproduced Rajcop verification. Even the information

    allegedly obtained from Rajcop was never brought on record.

    Consequently, the prosecution has failed to legally establish any

    nexus between the recovered motorcycle and the alleged

    commission of the offence.

    48. The deficiencies in the investigation extend further. PW-21

    admitted that neither he nor the FSL team attempted to lift

    blood samples or fingerprints from the handle grip of the seized

    motorcycle. He further admitted that the FSL team did not visit

    the place of recovery and that the articles were merely

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    forwarded to the FSL laboratory. Such omissions assume

    significance because, had scientific evidence been properly

    collected, it could have conclusively established whether the

    motorcycle had in fact been used in the commission of the

    crime.

    49. The investigation relating to electronic evidence is equally

    unsatisfactory. PW-21 admitted that neither the Nodal Officers

    who issued the call detail records and certificates under Section

    65-B of the Evidence Act was examined during investigation nor

    their names and addresses were even incorporated in the list of

    witnesses. Consequently, the electronic evidence relied upon by

    the prosecution lacks proper foundational proof and cannot be

    treated as conclusive evidence against the accused-appellant.

    50. Equally significant are the admissions of PW-23 Ajay Singh

    regarding the overall deficiencies in the investigation. He

    admitted that during his investigation no eyewitness to the

    incident surfaced. He further admitted that no material came

    before him indicating with whom the deceased was last seen

    before her death. The complainant Bhagga also never disclosed

    before him that anybody had seen the deceased leaving with

    the accused-appellant. He further admitted that he did not

    investigate who first discovered the dead body in the forest, did

    not ascertain whether any missing report had been lodged

    during the three days when the deceased remained

    untraceable, did not investigate the route through which the

    deceased allegedly travelled, nor did he make any inquiry from

    persons residing along that route. He also admitted that despite

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    the body having been recovered from an isolated place, he

    neither investigated the possibility of sexual assault nor

    requested the post-mortem board to specifically examine the

    deceased in that regard.

    51. PW-23 further admitted that no meaningful investigation was

    carried out regarding the alleged matrimonial dispute or the

    subsequent reconciliation between the deceased and the

    accused-appellant, despite such circumstance constituting the

    alleged motive. He also admitted that no inquiry was conducted

    regarding the accused’s whereabouts between 12.01.2023 and

    14.01.2023, and that no written order exists on record showing

    the transfer of investigation from him to PW-21 Phaliram. The

    subsequent investigation was admittedly handed over merely

    on verbal directions without any written order or written

    instructions indicating the course of further investigation. Such

    lapses further weaken the fairness and transparency of the

    investigation.

    52. The cumulative effect of these admissions leaves no manner of

    doubt that the investigation in the present case was neither

    complete nor free from serious procedural irregularities.

    Material witnesses were not promptly examined, independent

    witnesses were not associated during crucial recoveries,

    scientific and electronic evidence was inadequately collected,

    and several vital aspects capable of establishing the guilt or

    innocence of the accused were left unexplored. It is a settled

    principle of criminal jurisprudence that where the prosecution

    case rests entirely on circumstantial evidence, each

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    circumstance must be proved through cogent, reliable and

    legally admissible evidence. In the present case, the

    investigation itself having suffered from substantial infirmities,

    the benefit of such lapses cannot be shifted upon the accused-

    appellant. These serious deficiencies materially affect the

    credibility of the prosecution case and reinforce the reasonable

    doubt regarding the involvement of the accused-appellant.

    Consequently, the alleged recoveries, disclosure statements and

    other incriminating circumstances cannot safely be relied upon

    for sustaining a conviction.

    Appreciation of Medical Evidence:

    53. The medical evidence adduced by the prosecution also requires

    careful scrutiny in the backdrop of the entire circumstantial

    evidence. The prosecution examined PW-3 Dr. Ravindra Kumar,

    PW-6 Dr. Pallavi Sharma, members of the Medical Board which

    conducted the post-mortem examination of the deceased Nima,

    and PW-16 Dr. Dilip Kumar Soni, who medically examined the

    accused-appellant Premlal. A conjoint reading of their

    testimonies does not completely support the prosecution case

    in the manner sought to be projected.

    54. PW-3 Dr. Ravindra Kumar deposed that on 15.01.2023, the

    dead body of Nima was brought to CHC Mavli where a Medical

    Board comprising himself and PW-6 Dr. Pallavi Sharma

    conducted the post-mortem examination. According to the

    post-mortem report (Exhibit P-7), the deceased had sustained

    following injuries-

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    “1. A lacerated wound over the left eye measuring
    1/2×1/2 inch.

    2. Scratches on the nose and broken nasal bone
    were found.

    3. A lacerated wound measuring 5×6 inches on the
    left cheek.

    4. Both the front teeth were found broken.

    5. A lacerated wound measuring 1×1/2 inch on the
    left ear.

    6. Contusions (Nilgu) on the left neck.

    7. Contusions (Nilgu) 4×4 inches on the left side of
    the neck.”

    On internal examination, injury to the scalp and sub-scalp

    haemorrhage over the left temporo-parietal region were

    noticed, and the cause of death was opined to be ante-mortem

    head injury sufficient in the ordinary course of nature to cause

    death.

    55. However, during cross-examination, PW-3 Dr. Ravindra Kumar

    made certain admissions which assume considerable

    significance. He categorically admitted that except for the

    injuries on the face and head, no external injuries were found

    on any other part of the body of the deceased. He further

    admitted that if the deceased had struggled with an assailant

    prior to her death, abrasion marks or injuries would ordinarily

    have been expected on her hands and feet. Significantly, he

    admitted that no such injuries suggestive of struggle were

    found on the body of the deceased. He further stated that

    similar injuries were possible if a person accidentally fell from a

    height upon rocks. He also admitted that the time of death

    mentioned in the post-mortem report was only an approximate

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    opinion and that no definite or confirmed time of death could be

    given.

    56. The evidence of PW-6 Dr. Pallavi Sharma substantially

    corroborates the testimony of PW-3. She reiterated that the

    deceased had died due to ante-mortem head injury and proved

    the post-mortem report (Exhibit P-7). However, in her cross-

    examination, she also admitted that no injuries other than

    those found on the face and head were present on the body of

    the deceased. She specifically stated that where a person

    struggles before death, injuries on other parts of the body are

    generally expected, but no such injuries were found in the

    present case. She further admitted that she could not state

    with certainty whether the deceased had actually struggled

    before her death or not. She also conceded that injuries of the

    nature noticed in the post-mortem could occur if a person fell

    face down upon rocks from a hill, and in such a situation

    injuries to other parts of the body were also possible.

    57. These admissions made by both members of the Medical Board

    materially dilute the prosecution theory regarding the manner

    of assault. Although the medical evidence undoubtedly

    establishes that the deceased died due to ante-mortem head

    injuries, it does not conclusively support the prosecution

    version that such injuries could only have been caused by a

    homicidal assault committed by the accused-appellant. The

    possibility indicated by both doctors that similar injuries could

    result from a fall upon rocks cannot be completely ignored

    while appreciating a case founded entirely upon circumstantial

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    evidence. More importantly, the complete absence of defensive

    injuries or injuries suggestive of resistance assumes

    significance in view of the prosecution allegation that the

    deceased was brutally assaulted with stones.

    58. The evidence of PW-16 Dr. Dilip Kumar Soni, who conducted the

    medical examination of the accused-appellant Premlal, also

    assumes importance. During his cross-examination, he

    categorically admitted that no injury, abrasion or scratch mark

    whatsoever was found on the body of the accused-appellant at

    the time of his medical examination. He further admitted that

    no traces of blood were detected beneath the fingernails of the

    accused-appellant. These admissions assume significance

    because if, as alleged by the prosecution, the accused-appellant

    had assaulted the deceased with heavy stones resulting in

    multiple facial injuries and thereafter handled her body, some

    marks of resistance or blood traces on the accused-appellant

    could reasonably have been expected. The absence of any such

    injuries or blood stains does not support the prosecution case.

    59. It is also noteworthy that PW-16 admitted that the identity form

    (Exhibit P-16) was prepared merely on the basis of the police

    report and the particulars furnished by the accused-appellant.

    He had not been supplied with any documentary proof of

    identity of the accused-appellant, nor had he ascertained the

    duration for which the accused-appellant had remained in police

    custody prior to his medical examination. Though these

    omissions may not by themselves be fatal, they nevertheless

    reflect lack of meticulousness in the investigation.

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    60. Thus, the cumulative effect of the medical evidence is that

    while it conclusively establishes that the death of Nima was

    caused by ante-mortem head injury, it does not conclusively

    establish the identity of the assailant nor does it corroborate

    the prosecution version in material particulars. The absence of

    any marks of struggle on the body of the deceased, the

    possibility acknowledged by both doctors that similar injuries

    could occur due to a fall upon rocks, the inability to determine

    the precise time of death, and the absence of any injury,

    scratch marks or blood traces on the accused-appellant

    collectively assume considerable significance. Medical evidence

    is essentially corroborative in nature and cannot, by itself,

    establish the complicity of the accused-appellant unless

    supported by a complete and reliable chain of circumstantial

    evidence.

    61. In the present case, where the prosecution has failed to

    satisfactorily establish the foundational circumstances such as

    the “last seen together” theory, reliable recoveries and an

    unimpeachable investigation, the medical evidence does not

    cure those deficiencies. Rather, the admissions elicited during

    cross-examination create further doubt regarding the

    prosecution version and, therefore, cannot be treated as

    constituting an incriminating circumstance sufficient to sustain

    the conviction of the accused-appellant beyond reasonable

    doubt.

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    Appreciation of FSL and DNA Evidence:

    62. The prosecution has placed considerable reliance upon the

    Forensic Science Laboratory Report (Exhibit P-28) to contend

    that the scientific evidence conclusively establishes the

    involvement of the accused-appellant. A careful examination of

    the report reveals that human blood was detected on the blood-

    stained soil collected from the first and second places of

    occurrence, the three blood-stained stones recovered from the

    place of occurrence, the stone allegedly recovered at the

    instance of the accused-appellant, and the Gamcha (towel)

    allegedly recovered pursuant to the disclosure statement of the

    accused-appellant. DNA examination further established that

    the female DNA profile obtained from the blood-stained soil

    (Exhibit-1), the three stones recovered from the place of

    occurrence (Exhibit-3) and the Lugadi (Odhani) of the deceased

    (Exhibit-4) matched with the female DNA profile detected on

    the stone allegedly recovered at the instance of the accused

    (Exhibit-5). The report further indicates that the DNA profile

    obtained from the Gamcha (Exhibit-6) was not an exclusive

    female DNA profile but a mixed DNA profile, and that the

    alleles of the female DNA profile as well as the male DNA profile

    obtained from the blood sample of accused-appellant Premlal

    (Exhibit-7) were accounted for in the mixed DNA profile

    detected on the said Gamcha.

    63. At first glance, the FSL report appears to provide scientific

    corroboration regarding the presence of the deceased’s blood

    on the stone allegedly recovered at the instance of the accused-

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    appellant. However, the evidentiary value of scientific evidence

    cannot be appreciated in isolation from the circumstances

    under which the incriminating articles themselves were

    recovered. It is a settled principle of criminal jurisprudence that

    forensic evidence is merely corroborative in nature and cannot

    independently establish the guilt of an accused unless the

    foundational facts leading to the recovery of the incriminating

    articles are first proved by reliable and legally admissible

    evidence.

    64. In the present case, as already discussed hereinabove, the very

    recovery proceedings suffer from serious legal and factual

    infirmities. PW-21 Phaliram admitted that no independent

    witnesses were associated with the alleged recoveries and only

    police personnel acted as witnesses. He further admitted that

    no explanation has been recorded in the recovery memos

    regarding the non-availability of independent witnesses. It also

    stands admitted that the alleged disclosure statements under

    Section 27 of the Indian Evidence Act were recorded by the

    Investigating Officer himself in the absence of any independent

    witness and were typed by him while only he and the accused-

    appellant were present. Such procedural irregularities inevitably

    cast doubt upon the genuineness and voluntariness of the

    alleged disclosure statements and the consequential recoveries.

    65. The reliability of the recoveries is further weakened by the

    material contradiction between the two Investigating Officers.

    PW-23 Ajay Singh categorically admitted that during his

    inspection of the place of occurrence, every blood-stained

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    article found at the spot had already been seized and nothing

    incriminating was left behind. In contrast, PW-21 Phaliram

    subsequently claimed recovery of another blood-stained stone

    and the Gamcha from substantially the same place pursuant to

    the alleged disclosure statement of the accused. PW-21 himself

    admitted that the place shown in Exhibits P-10 and P-11 was

    practically the same, separated only by a distance of about 10

    to 15 feet. Once the initial Investigating Officer had already

    conducted a thorough search and seized all blood-stained

    articles available at the scene, the subsequent recovery of

    additional blood-stained articles from the same locality

    becomes inherently doubtful. Consequently, the very foundation

    upon which the FSL report rests becomes uncertain.

    66. Another significant aspect emerging from the FSL report is that

    while the stone allegedly recovered at the instance of the

    accused-appellant yielded the female DNA profile matching that

    of the deceased, the Gamcha (Exhibit-6), which the prosecution

    seeks to portray as the cloth used by the accused-appellant for

    wiping blood from his hands, did not yield an exclusive female

    DNA profile. On the contrary, the report specifically records that

    the Gamcha contained a mixed DNA profile, comprising the

    alleles of the female DNA profile as well as the male DNA profile

    of accused-appellant Premlal. The presence of a mixed DNA

    profile on an article of clothing allegedly belonging to the

    accused-appellant cannot, by itself, establish the prosecution

    case unless it is first proved beyond reasonable doubt that the

    Gamcha was in fact recovered from the exclusive possession of

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    the accused-appellant in accordance with law and that the chain

    of custody remained free from suspicion. In the absence of

    reliable proof regarding the legality and authenticity of the

    recovery itself, the mixed DNA profile found on the Gamcha

    loses much of its incriminating value.

    67. It is equally significant that the prosecution has not produced

    any evidence to establish that the Gamcha bore any distinctive

    mark, identification or other feature linking it exclusively to the

    accused-appellant. PW-21 Phaliram himself admitted that the

    seized black towel (Gamcha) carried no identifying mark

    whatsoever. Thus, apart from the disputed recovery, there is no

    independent evidence connecting the said article with the

    accused-appellant.

    68. Therefore, although Exhibit P-28 undoubtedly establishes that

    the blood detected on certain seized articles was human blood

    and that the female DNA profile matched that of the deceased,

    such scientific evidence cannot, by itself, complete the chain of

    circumstantial evidence. The forensic report merely establishes

    the identity of the biological material found on the articles

    submitted for examination; it does not prove the legality of

    their seizure, the truthfulness of the disclosure statements, or

    the involvement of the accused-appellant in the commission of

    the offence. Where the recoveries themselves are rendered

    doubtful on account of procedural lapses, absence of

    independent witnesses, contradictions between the

    Investigating Officers and unexplained deficiencies in the

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    investigation, the FSL report cannot be elevated to the status of

    substantive evidence so as to cure those fundamental defects.

    69. Accordingly, this Court is of the considered view that Exhibit P-

    28, though scientifically demonstrating a matching female DNA

    profile on certain exhibits, is merely a corroborative piece of

    evidence. In the absence of reliable proof regarding the

    foundational facts leading to the recovery of those articles, the

    FSL report by itself is insufficient to establish the guilt of the

    accused-apellant beyond reasonable doubt or to complete the

    chain of circumstances upon which the prosecution case rests.

    Consequently, no adverse inference can safely be drawn against

    the accused-appellant solely on the basis of the forensic report.

    Appreciation of Electronic Evidence (Call Detail Records):

    70. The prosecution has also relied upon the Call Detail Records

    (Exhibit P-33) to establish communication between the

    accused-appellant Premlal and the deceased Nima immediately

    prior to the occurrence. A perusal of the call details reveals that

    on 12.01.2023, several calls were exchanged between mobile

    number 8905796904, alleged to have been used by accused-

    appellant Premlal, and mobile number 9079097729, alleged to

    have been used by deceased Nima. Prima facie, these call

    records indicate that there was telephonic communication

    between the two numbers on the date of the incident, which

    may lend some support to the prosecution case that the

    accused-appellant and the deceased were in contact before the

    occurrence.

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    71. However, the evidentiary value of the said electronic evidence is

    required to be examined in the light of the deficiencies admitted

    by the Investigating Officer during cross-examination. It is an

    admitted position that neither the mobile handset allegedly

    used by the accused-appellant nor the handset allegedly used

    by the deceased was recovered during investigation. Likewise,

    no SIM card was recovered or proved to have remained in the

    exclusive possession and use of either the accused-appellant or

    the deceased. In the absence of recovery of the mobile devices

    or other cogent evidence establishing their exclusive use, the

    prosecution has failed to prove beyond reasonable doubt that

    the concerned mobile numbers were, in fact, being exclusively

    operated by the accused-appellant and the deceased at the

    relevant point of time.

    72. The evidence of PW-21 Phaliram further reveals that the

    investigation into the electronic evidence remained wholly

    incomplete. He categorically admitted that the names and

    addresses of the Nodal Officers who supplied the Call Detail

    Records and the certificate under Section 65-B of the Indian

    Evidence Act were not included in the list of prosecution

    witnesses and that their statements were never recorded

    during investigation. Consequently, the prosecution failed to

    examine the persons who generated and certified the electronic

    records, thereby leaving the foundational facts relating to the

    electronic evidence inadequately proved.

    73. It is equally significant that the prosecution has not produced

    any location analysis or tower location evidence conclusively

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    demonstrating that both mobile numbers were operating from

    the same place or that the accused-appellant and the deceased

    were physically together at the relevant time. Mere exchange of

    telephone calls between two mobile numbers only establishes

    that communication took place between those numbers. It does

    not, by itself, establish the identity of the persons using those

    numbers, their physical proximity, their meeting with each

    other, or their participation in the commission of the alleged

    offence.

    74. In a case resting entirely upon circumstantial evidence,

    electronic evidence can undoubtedly furnish a valuable

    corroborative circumstance. However, such evidence cannot be

    treated as conclusive unless the prosecution first establishes

    the foundational facts regarding ownership, exclusive

    possession and use of the mobile numbers, the authenticity of

    the electronic records, and their nexus with the accused-

    appellant and the deceased. In the present case, those

    foundational facts have not been satisfactorily proved.

    75. Therefore, although Exhibit P-33 may indicate that calls were

    exchanged between the two mobile numbers on the relevant

    date, such circumstance, by itself, is insufficient to establish

    that the accused-appellant and the deceased were together

    immediately before the occurrence or that the accused-

    appellant participated in the commission of the offence. In the

    absence of recovery of the mobile handsets, proof of exclusive

    use of the concerned numbers, examination of the Nodal

    Officers and reliable location evidence, the Call Detail Records

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    remain only a weak corroborative circumstance and cannot be

    treated as an incriminating circumstance sufficient to complete

    the chain of circumstantial evidence against the accused.

    76. Thus, on an overall appreciation of the evidence, this Court

    finds that the prosecution has failed to establish several

    essential links in the chain of circumstances. The last seen

    circumstance remains doubtful; the motive remains unproved;

    the investigation suffers from material omissions and

    procedural irregularities; the recoveries are surrounded by

    serious suspicion; the electronic evidence lacks proper

    foundational proof; and the medical evidence does not

    conclusively support the prosecution theory to the exclusion of

    every other possibility.

    77. The law with regard to a case based purely on circumstantial

    evidence has very well been crystalized in the judgment of

    Hon’ble Supreme Court in the case of Sharad Birdhichand

    Sarda reported in (1984) 4 SCC 116, wherein this Court held

    thus:

    “152. Before discussing the cases relied upon by
    the High Court we would like to cite a few decisions on
    the nature, character and essential proof required in a
    criminal case which rests on circumstantial evidence
    alone. The most fundamental and basic decision of this
    Court is Hanumant v. State of Madhya Pradesh [(1952)
    2 SCC 71: AIR 1952 SC 343: 1952 SCR 1091: 1953 Cri
    LJ 129].
    This case has been uniformly followed and
    applied by this Court in a large number of later
    decisions up to date, for instance, the cases of Tufail
    (Alias) Simmi v. State of Uttar Pradesh [(1969) 3 SCC
    198: 1970 SCC (Cri) 55] and Ramgopal v. State of

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    Maharashtra [(1972) 4 SCC 625: AIR 1972 SC 656]. It
    may be useful to extract what Mahajan, J. has laid
    down in Hanumant case [(1952) 2 SCC 71: AIR 1952
    SC 343: 1952 SCR 1091: 1953 Cri LJ 129]:

    “It is well to remember that in case where
    the evidence is of a circumstantial nature, the
    circumstances from which the conclusion of guilt is
    to be drawn should in the first instance be fully
    established, and all the facts so established should
    be consistent only with the hypothesis of the guilt
    of the accused. Again, the circumstances should
    be of a conclusive nature and tendency, and they
    should be such as to exclude every hypothesis but
    the one proposed to be proved. In other words,
    there must be a chain of evidence so far complete
    as not to leave any reasonable ground for a
    conclusion consistent with the innocence of the
    accused and it must be such as to show that within
    all human probability the act must have been done
    by the accused.”

    78. Having bestowed anxious consideration to the entire evidence

    available on record and the settled principles governing cases

    resting solely on circumstantial evidence, this Court is of the

    considered opinion that the prosecution has failed to satisfy the

    well-established principles laid down by the Hon’ble Supreme

    Court in Sharad Birdhichand Sarda v. State of

    Maharashtra (Supra) governing proof by circumstantial

    evidence. The circumstances relied upon by the prosecution

    have not been proved beyond reasonable doubt, nor do they

    form a complete and unbroken chain pointing unerringly

    towards the guilt of the accused-appellant. The alleged

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    circumstance of “last seen together” has not been established

    by cogent and reliable evidence; the motive remains uncertain

    and inconclusive; the investigation suffers from serious

    procedural lapses and unexplained omissions; the recovery

    proceedings are rendered doubtful due to absence of

    independent witnesses and material contradictions in the

    evidence of the Investigating Officers; the electronic evidence

    lacks the necessary foundational proof regarding ownership and

    exclusive use of the mobile numbers; and the medical as well

    as forensic evidence, being merely corroborative in nature,

    cannot by themselves complete the missing links in the chain of

    circumstances. Consequently, the prosecution has failed to

    exclude every reasonable hypothesis consistent with the

    innocence of the accused-appellant, and the chain of

    incriminating circumstances remains incomplete.

    79. In view of the foregoing discussion and the cumulative

    appreciation of the entire oral, documentary, medical, scientific

    and electronic evidence available on record, this Court is of the

    considered opinion that the prosecution has failed to prove the

    guilt of the accused-appellant beyond reasonable doubt. The

    prosecution has failed to establish a complete and unbroken

    chain of incriminating circumstances leading only to the

    hypothesis of the guilt of the accused-appellant. On the

    contrary, several material circumstances relied upon by the

    prosecution remain unproved, doubtful and inconsistent with

    the prosecution case, thereby creating a reasonable doubt

    regarding the complicity of the accused-appellant. It is a

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    cardinal principle of criminal jurisprudence that however strong

    the suspicion may be, it cannot take the place of legal proof,

    and where two views are reasonably possible on the evidence

    adduced, the one favourable to the accused must necessarily

    prevail. In the considered opinion of this Court, the learned Trial

    Court failed to appreciate the evidence in its proper perspective

    and proceeded to record the conviction by placing reliance upon

    circumstances which neither stood fully established nor formed

    a complete chain consistent only with the guilt of the accused-

    appellant. Consequently, the findings of conviction recorded by

    the learned Trial Court in the judgment dated 08.12.2025 suffer

    from misappreciation of evidence and cannot be sustained in

    law. The conviction of the accused-appellant under Section 302

    of the Indian Penal Code and the sentence of death penalty

    imposed upon him are, therefore, liable to be set aside.

    80. Accordingly, the Criminal Appeal filed by the accused-appellant

    is allowed, whereas the Murder Reference made by the

    learned Trial Court for confirmation of the death sentence is

    answered in negative. The judgment of conviction and order of

    sentence dated 08.12.2025 passed by the learned Trial Court

    are hereby quashed and set aside. The accused-appellant is

    acquitted of the charge under Section 302 IPC by extending to

    him the benefit of doubt. He shall be released forthwith, if not

    required to be detained in any other case.

    81. Keeping in view, however, the provisions of Section 481

    B.N.S.S, 2023 the accused-appellant is directed to forthwith

    furnish a personal bond in the sum of Rs.50,000/- and a surety

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    bond in the like amount, before the learned trial court, which

    shall be effective for a period of six months to the effect that in

    the event of filing of Special Leave Petition against the

    judgment or for grant of leave, the accused-apellant, on receipt

    of notice thereof, shall appear before Hon’ble the Supreme

    Court.

    82. Office is directed to send the record of the trial court

    forthwith.

    (CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J

    181/Kartik Dave/C.P. Goyal/-

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