NDLI: Ravishankar Tandon Vs. State of Chhattisgarh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Circumstantial evidence
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Indian Evidence Act, 1872 (1 of 1872)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Evidence Act, 1872 – s.27 – Prosecution relied on the memorandum of the appellants-accused u/s.27 and the subsequent recovery of the dead body of the deceased from the pond at Bhatgaon – Correctness: Held: For bringing the case u/s.27, it will be necessary for the prosecution to establish that, based on the information given by the accused while in police custody, it had led to the discovery of the fact, which was distinctly within the knowledge of the maker of the said statement – It will have to establish that before the information given by the accused persons on the basis of which the dead body was recovered, nobody had the knowledge about the existence of the dead body at the place from where it was recovered – Insofar as the memorandum u/s.27 is concerned, the prosecution relied on the depositions of PW-5 (brother-in-law of the deceased) and PW-18 (another witness of the memorandum) – Evidence of PW-2 (brother of the deceased) read with that of PW-5 revealed that the police as well as these witnesses knew about the death of the deceased occurring and the dead body being found at village Bhatgaon prior to the statements of the accused persons being recorded u/s.27 – All the statements were recorded after 10:00 am whereas PW-2 stated that at around 08:00 am, police informed him about the accused persons killing the deceased and thereafter they going to Bhatgaon – PW-5 admitted that he arrived at village Kunda and on his arrival, he was informed by his brother-in-law and nephew (PW-2) about the murder of the deceased – His evidence showed that though his statement was taken at Kunda police station, it was signed at Bhatgaon – As such, the possibility of these documents being created to rope in the accused persons cannot be ruled out – PW-18 also admitted that he had signed the papers without reading them and that too on the instructions of the police – Furthermore, insofar as the statement of accused No.3 is concerned, even the statement recorded u/s.27 was not at all related to the discovery of the dead body of the deceased – Prosecution failed to prove that the discovery of the dead body of the deceased from the pond at Bhatgaon was only on the basis of the disclosure statement made by the accused persons u/s.27 and that nobody knew about the same before that – It utterly failed to prove any of the incriminating circumstances against the appellants – Chain of circumstances not so complete leading to no other conclusion than the guilt of the accused persons – Impugned judgment as well as the judgment of the trial court, quashed and set aside – Appellants acquitted. [Paras 13-15, 21-23, 26, 27] Evidence – Circumstantial evidence – Law as regards conviction on the basis of circumstantial evidence – Discussed.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2024 INSC 299
Petitioner	Ravishankar Tandon
Respondent	State Of Chhattisgarh
SCR	[2024] 4 S.C.R. 558
Judgement Date	2024-04-10
Case Number	3869

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