Acquittal Upheld Where Discovery of Alleged Murder Weapon Lacks Corroborative Forensic Evidence of Human Blood

On December 30, 2016, an unknown dead body was discovered in a field in Village Panchbhaiya, leading to a Merg intimation and a subsequent FIR under Section 302 IPC.

Investigation suggested that the deceased, Santosh Sahu, entered the house of Respondent No. 2 (Munni Bai) on December 13, 2016, attempting to outrage her modesty.

It was alleged that Respondent No. 1 (Parmesh) and a juvenile (Narayan) assaulted the deceased with an axe and wooden stick, causing fatal injuries, and then disposed of the body to conceal evidence.

An axe/stick was recovered based on the disclosure statement of Respondent No. 1.

The Sessions Judge, Bemetara, acquitted the respondents in Trial No. 12/2017. The State appealed this acquittal.

1. Whether the prosecution established the guilt of the respondents beyond reasonable doubt based on circumstantial evidence.

2. Whether the recovery of the alleged weapon and the Forensic Science Laboratory (FSL) report were sufficient to connect the respondents to the crime.

The court applied Section 378 of the Code of Criminal Procedure, 1973, concerning appeals against acquittal.

Substantively, the case was governed by Section 302 (Murder), Section 201 (Causing disappearance of evidence), and Section 34 (Common intention) of the Indian Penal Code.

The court relied on the evidentiary standard for circumstantial evidence, requiring a complete chain of events and Corroboration of recoveries under the Indian Evidence Act.

The Court observed that there were no eyewitnesses to the incident, making the case dependent entirely on circumstantial evidence.

While the prosecution alleged "motive" due to an attempt to outrage modesty, the testimonies of the deceased’s wife (PW-1) and son (PW-4) failed to provide a definitive link; PW-1 was unaware of the assailants, and PW-4 denied the deceased visited the respondents' house.

Critically, regarding the recovery of the weapon (an axe-attached stick) from Respondent No. 1, the FSL report (Ex.P-26) confirmed that no blood was found on the object.

Consequently, the court found that the prosecution failed to provide "cogent and reliable evidence" to bridge the gap between the respondents and the death of Santosh Sahu.

The court answered the issues in the negative, finding the evidence insufficient for conviction. The appeal filed by the State was dismissed, and the acquittal of the respondents was upheld.