Case: Rambraksh @ Jalim Vs. State of Chhattisgarh

On 7.10.1992 appellant herein/accused No.2 Rambraksh went to the house of deceased Ramsevak at 12.00 noon and asked to go with him to Ambikapur. Ramsevak refused saying that he does not have money and accused No.2 assured that he has money and he would come at night and they would go to Ambikapur by the first bus in the early morning. Thereafter he along with accused No.1 came to the house of Ramsevak at 11.00 p.m. and told him that they will proceed towards chowki from where they will board the bus to Ambikapur. Ramsevak went with accused and thereafter did not return home. On 14.10.1992, Rajesh son of Ramsevak inquired about his father to his mother PW3 Dasmatiya Bai and she told him that his father had gone with accused to Ambikapur and then Rajesh informed her that he had gone with Kamlesh and PW5 Banshidhar to their field and he noticed clothes, gamcha and shoes of his father in the field. PW3 Dasmatiya Bai along with her son went to the said place and found the articles of her husband and on noticing birds flying near one place they went there and she found skeleton remains of her husband. She went to Chandni Police Station and lodged Exh.P2 morque and the police recorded Morque vide Exh.P1. The investigation officer visited the scene of occurrence and conducted inquest on the scattered bones vide Exh.P5. Report vide Exh. P4. He seized from the spot one bamboo stick vide Exh.P6, pair of shoes vide Exh.P7, towel, pant, shirt, banjan and underwear vide Exh.P8, Bloodstained and plain soil vide Exh.P9, Hairs found on the spot vide Exh.P10. The human bones i.e. skull, jaw, legs and ribs were seized from the spot vide Exh.P13. He sent the bones of dead body for autopsy and PW6 Dr. Arvind Bhat on examination found the following1 skull bone with 13 teeth.* 2 humerus bones* 1 vertebral column broken in three pieces each attached with each other with left femur attached with pelvis (detail of vertebral colum, sacrum, 5 lumber vertebrae, 12 thoracic vertebrae),* One mandible attached 7 teech* Two broken scapula* Nine ribs* Two broken long bones (one simulating to tibia and one simulating to femur)* One radio ulna bones* One broken ulna* 3 vertebrae* 2 detached tooth* 4 pieces of brokendehati nalishi was recorded and FIR was registered vide Exh.P.18. Spot map was prepared vide Exh.P19. Bones were sent to Medical College, Raipur and PW10 Dr. Sapan Kumar Das examined the bones vide Exh.P23 and opined asThese bones are of human origin(b) Sex-Male(c) Age-Between 25 to 40 years(d) No marks of injury present to any of the bones(e) Cause of death cannot be said(f) Time lapse since death-within 6 months of the date of examination.In the course of investigation accused No.1 Bechan Ram was arrested and he made disclosure statement leading to recovery of banjan and towel vide Exh.P11, P16 and P17. The accused No.2 was arrested and he made disclosure statement leading to recovery of stick and clothes vide Exh.P12, P14 and P15. The seized articles were sent for chemical examination vide Exh.P19. On completion of investigation charge-sheet was filed against both the accused.5. In the trial prosecution examined ten witnesses and the accused were examined under Section 313 of Cr.P.C. and their statements were recorded. No defence witness was examined. The trial court acquitted accused No.1 and convicted and sentenced accused No.2 as stated supra. The appeal preferred by him came to be dismissed and aggrieved by the same accused No.2 has preferred the present

Reasoning: 12. In the present case as noticed above the Sessions Court as well as the High Court convicted the appellant/accused No.2 on the basis of last seen evidence, the correctness of which is also doubtful. The High Court had failed to appreciate the aforesaid fact and erred in affirming the judgment of conviction passed by the Sessions Court. We are satisfied that the conviction of the appellant cannot be sustained in law and liable to be set