Murder Acquittal Stands: Chhattisgarh HC Rejects State’s Leave Plea After Finding Confession And Axe Seizure Unproved

The State sought leave to appeal against the Sessions Judge’s judgment acquitting Kripa Ram Koram of a charge under Section 302 IPC

The prosecution case arose from the discovery of Paras Ram Nag’s body with a serious head injury; the FIR was initially registered against an unknown person

The prosecution relied on an alleged extra-judicial confession and the recovery of an axe and bamboo stick said to have been made pursuant to the accused’s memorandum statement

At trial, the independent witnesses did not support the alleged recovery of the axe, and the trial court acquitted the accused

The charge was under Section 302 of the Indian Penal Code, concerning murder

The Court assessed the prosecution’s circumstantial evidence, including the alleged extra-judicial confession and recovery pursuant to the accused’s memorandum statement, and concluded that the circumstances relied upon did not sufficiently establish the accused’s guilt

No judicial precedent or specific provision governing the admissibility of the memorandum or recovery was cited in the Court’s reasoning.

Although the death was established to be homicidal, the prosecution did not prove motive, and the alleged extra-judicial confession was unsupported by a villager who had heard it

The independent witnesses to the memorandum and seizure did not corroborate recovery of the axe; their evidence did not establish that the axe allegedly used in the offence was recovered pursuant to the accused’s statement

The Court held that the homicidal death and the Investigating Officer’s evidence about the alleged seizure, without the other links being established, were insufficient to warrant conviction. It therefore found that the trial court had properly assessed the evidence

rejected the State’s prayer for leave to appeal, dismissing the CRMP