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High Court Acquits Six Accused Due to Lack of Evidence: Chhattisgarh

 


In a significant legal development, the Chhattisgarh High Court has acquitted six individuals previously convicted in a 2015 double homicide and robbery case, citing a lack of sufficient evidence and the inadmissibility of confessions made to police officers. The accused were earlier sentenced to life imprisonment by the Second Additional Sessions Judge, Surajpur.


Background of the Case

1. Incident Details: On the night of September 26-27, 2015, victims Bodhan Prasad (trailer driver) and his helper, Nilesh Kumar, were allegedly abducted and murdered by the accused. Their bodies were later discovered in a forest in Surajpur district.


2. Prosecution's Case: The accused were charged with murder, robbery, and causing the disappearance of evidence. Their confessions made to police officers and certain circumstantial evidence led to their conviction in 2018.



Key Legal Issues

1. Inadmissibility of Confessions: The defense argued that under Section 25 of the Indian Evidence Act, confessions made to police officers cannot be used as evidence. The High Court upheld this argument, ruling the confessions inadmissible.


2. Circumstantial Evidence: The prosecution's reliance on circumstantial evidence was challenged by the defense, who argued that the evidence did not form a complete chain, leading to doubts about the accused's guilt.


3. Weak Memorandum Statements: The prosecution's case also depended on memorandum statements made by the accused in police custody. The defense maintained that these statements were insufficient to directly link the accused to the murders.



Court's Observations and Decision

1. Confessions to Police Officers: The High Court reaffirmed that confessions made to police officers cannot be considered valid evidence, as per Section 25 of the Indian Evidence Act.


2. Incomplete Chain of Circumstantial Evidence: The court found that the circumstantial evidence presented did not conclusively establish the guilt of the accused. For a conviction based on such evidence, it must be proven beyond any reasonable doubt, which the prosecution failed to do.


3. Lack of Corroboration: The court noted that the memorandum statements made during police custody were not sufficiently corroborated by independent evidence.



Final Verdict

The High Court acquitted all six accused — Nazir Khan, Om Prakash Jaat, Patul @ Abdul Majid, Deepak Lohar, Surendra Lohar, and Vijay Kumar Jatt — of all charges. The court ordered the immediate release of Nazir Khan, who was in jail, and the cancellation of bail bonds for the other accused.

Legal Representation

For the Appellants: Mr. Samrath Singh Marhas, Mr. Rishikant Mahobia, and Mr. Maneesh Sharma

For the Respondent (State of Chhattisgarh): Mr. Shashank Thakur, Deputy Advocate General

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