The Chhattisgarh High Court has ruled that acquitting accused persons of the substantive offence of murder while convicting them solely for criminal conspiracy is unsustainable when there is overwhelming evidence of their participation in the crime. The Court observed that such a split verdict based on mis-appreciation of evidence cannot be justified, though it was constrained to acquit the accused in the absence of an appeal by the State.
The Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal set aside the conviction of a father and brother under Section 120-B of the Indian Penal Code (IPC) after they were acquitted of the main murder charge by the trial court. However, the Bench upheld the life imprisonment of the hired killer, Santkumar Bandhe.
Case Background
The case involves the murder of Dharmendra Deshlahare, whose body was found on July 21, 2022, near Karo Kanya Temple in Boria Bandh, Berla, with fatal injuries to his neck and head.
The prosecution’s case was that the deceased was a drunkard who sold family property to fund his addiction, creating a nuisance. His father, Premchand Deshlahre (65), and brother, Rekhchand @ Jitendra Deshlahre (27), allegedly conspired to kill him. They were accused of hiring Santkumar Bandhe (21) and an absconding accused, Paras @ Tehku Ratre, for Rs. 50,000 to execute the murder.
The First Additional Sessions Judge, Bemetara, convicted Santkumar Bandhe under Section 302/34 IPC (murder) and sentenced him to life imprisonment. Paradoxically, the trial court acquitted the father and brother of the murder charge (Section 302/34 IPC) but convicted them under Section 120-B IPC (criminal conspiracy), sentencing them to 10 years of rigorous imprisonment.
Arguments of the Parties
Advocate Pushpendra Kumar Patel, appearing for the father and brother, argued that the conviction under Section 120-B could not stand once they were acquitted of the substantive offence. He submitted, “The conspiracy has not been proved beyond reasonable doubt. Furthermore, when the appellants have been acquitted of the charge under Section 302/34 of the IPC… the conviction of the appellants under Section 120-B of the IPC also deserves to be set aside.”
Advocate Palash Tiwari, representing the convict Santkumar Bandhe, challenged the “last seen theory” and the reliance on CCTV footage, terming it secondary evidence.
Deputy Advocate General Shashank Thakur contended that while the State had not appealed the acquittal on the murder charge, the conspiracy conviction was valid based on the evidence on record.
Court’s Analysis
The High Court scrutinized the trial court’s reasoning, noting that while it accepted material circumstances pointing to the involvement of the father and brother, it refrained from recording a finding on the principal charge of murder without clear reasons.
The Bench referred to the Supreme Court’s decision in Sachin v. State of Maharashtra (2025), emphasizing that an appellate court cannot enhance a sentence or convict an accused for a graver offence in an appeal filed by the convict themselves, if the State has not filed an appeal.
The Court observed:
“When both these appellants have been acquitted of the substantive offence i.e. commission of murder of the deceased for which the conspiracy is alleged to have been hatched, the conviction and sentence of the appellants under Section 120-B of the IPC cannot withstand.”
Expressing its constraint, the Court noted that despite “ample evidence” against the father and brother for conviction under Section 302/34 IPC, it could not convict them or enhance their sentence due to the absence of a State appeal. The Judges stated, “With a heavy heart, we are constrained to acquit the appellants-Rekhchand @ Jitendra Deshlahre and Premchand Deshlahre.”
regarding Santkumar Bandhe, the Court upheld the conviction, citing robust evidence including CCTV footage showing him with the deceased shortly before the murder and the recovery of blood-stained clothes and a mobile phone.
Decision
The High Court allowed Criminal Appeal No. 1647 of 2023, acquitting Rekhchand and Premchand Deshlahre of the conspiracy charge and directing their release. Criminal Appeal No. 1428 of 2023 by Santkumar Bandhe was dismissed.
In a significant observation on the trial court’s approach, the High Court held:
“When there is overwhelming evidence with regard to participation of the accused(s) in the substantive offence in question, then acquitting some of the accused for the substantive offence and convicting them merely for conspiracy on mis-appreciation of evidence, cannot be justified.”
