Conviction based on circumstantial evidence upheld where stolen ATM usage completes the chain of circumstances.

On 11.03.2011, a partially burnt body was discovered in the foundation of an under-construction dam

Medical examination revealed the deceased was first strangulated and subsequently burnt

The deceased was identified as B.P. Kori, who had gone missing on 10.03.2011

During the investigation, the conduct of the accused and co-accused raised suspicion, leading to their arrest and recording of memorandum statements

Seizures included the deceased’s bank passbook and ATM card from the appellant’s possession

Bank records and CCTV footage confirmed that the deceased’s money was withdrawn using the ATM card following his death

The Trial Court (ASJ, Amarwada) convicted the appellant for murder, abduction, and robbery

The appellant challenged this on the grounds that the case rested solely on circumstantial evidence

1. Whether the circumstantial evidence, specifically the recovery of the deceased's articles and ATM card, was sufficient to establish the appellant’s guilt beyond a reasonable doubt

2. Whether the prosecution successfully established a complete chain of events connecting the appellant to the abduction, murder, and robbery of the deceased

Indian Penal Code (IPC), specifically Section 302 (Punishment for murder), Section 364 (Abduction in order to murder), Section 392 (Punishment for robbery), and Section 201 (Causing disappearance of evidence of offence)

In cases based on circumstantial evidence, the court applied the principle that such evidence must form a complete chain of events so as to exclude any hypothesis other than the guilt of the accused

Section 34 of the IPC regarding common intention

The Court observed that while there were no eyewitnesses, the prosecution’s circumstantial evidence was robust

The pivotal evidence was the seizure of the deceased's ATM card and passbook from the exclusive possession of the appellant

The Court reasoned that money cannot be withdrawn from an ATM without both the physical card and the confidential PIN, both of which were obtained from the deceased

The fact that withdrawals continued until 18.03.2011, well after the death of the deceased (11.03.2011), indicated a "planned and systematic" execution of the crime

This sequence—abduction for the purpose of obtaining banking credentials, strangulation, and the subsequent burning of the body to prevent identification—constituted a complete chain of circumstances

The Court found the testimonies of the Investigating Officer (PW-25) and bank records sufficient to negate the appellant's claims of innocence

The High Court dismissed the appeal and upheld the conviction and sentence passed by the Trial Court

The appellant remains sentenced to life imprisonment under Section 302/34 IPC, with concurrent sentences for Sections 364, 392, and 201 IPC