The Chhattisgarh High Court, in a landmark ruling, upheld the conviction of five accused involved in the 2019 murder of Chetan Yadav, while acquitting one co-accused, stating that “suspicion cannot replace proof.” The judgment was delivered by Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru in Criminal Appeals CRA No. 429/2021, CRA No. 352/2021, CRA No. 464/2021, CRA No. 562/2021, and CRA No. 620/2021.
Background of the Case
The case stems from the brutal abduction and murder of 23-year-old Chetan Yadav on the night of 3 February 2019 in Kabirdham district, Chhattisgarh. According to the prosecution, Chetan Yadav was abducted by three men who posed as police officers and took him under the pretext of questioning for a gold theft case. His burnt and bloodied body was later found in the forests near Dhobni Patharra on 4 February 2019, with severe head injuries indicating foul play.
The murder was reportedly motivated by a personal feud involving one of the accused, Harish Sahu, who was in a romantic relationship with a woman whose engagement had been arranged with the deceased, Chetan Yadav. The prosecution alleged that Harish Sahu, along with co-accused Jaypal @ Palu Kaushik, Vijay Gandharv, Siyaram Saiyyam, Vikas Sahu, and Pawan Nirmalkar, conspired to murder Chetan Yadav to prevent the engagement.
Legal Issues and Court’s Findings
The appeals were filed by the six convicted individuals challenging the February 2021 judgment of the Additional Sessions Judge, Bemetara, which found them guilty of abduction and murder under Sections 364/34, 302/34, 120B, and 201 of the Indian Penal Code (IPC). One of the accused, Vikas Sahu, was also convicted under Section 170 for impersonating a police officer.
1. Circumstantial Evidence: The court emphasized that the case was based entirely on circumstantial evidence. In reaffirming the “Panchsheel” principles of circumstantial evidence as laid down by the Supreme Court, the bench noted that the prosecution had established a consistent and conclusive chain of events proving the guilt of the five accused beyond reasonable doubt.
2. Acquittal of Pawan Nirmalkar: While upholding the conviction of the other five accused, the court acquitted Pawan Nirmalkar, noting that the evidence against him was insufficient. The court ruled that “suspicion, however grave, cannot replace proof,” and since no incriminating material was found linking Nirmalkar to the crime, he was entitled to the benefit of the doubt.
3. Motive and Criminal Conspiracy: The court concurred with the trial court’s findings on the motive behind the murder. It was established that accused Harish Sahu had conspired with the other co-accused due to his romantic involvement with Keshar Bai, the woman who was set to be engaged to Chetan Yadav.
4. Identification Process: The testimony of Hiralal Yadav, the brother of the deceased, was critical in identifying the accused during a Test Identification Parade (TIP). Despite attempts by defense counsel to challenge the TIP, the court found the identification process to be valid and properly conducted.
Key Observations of the Court
The court made several important observations during its judgment, reinforcing the standard that mere suspicion cannot result in conviction. In the words of the bench, “Suspicion, however grave, cannot take the place of legal proof. A court of law must be convinced beyond reasonable doubt before depriving an individual of their liberty.”
On the issue of the accused, the court noted, “The prosecution has successfully established the motive and the sequence of events that led to the unfortunate death of Chetan Yadav, proving beyond doubt the criminal conspiracy among the accused. The test identification parade and recovery of evidence from the accused further substantiate the guilt of the appellants.”
In its final judgment, the Chhattisgarh High Court upheld the life sentences of Vijay Gandharv, Jaypal @ Palu Kaushik, Harish Sahu, Vikas Sahu, and Siyaram Saiyyam for the abduction and murder of Chetan Yadav. However, it set aside the conviction of Pawan Nirmalkar, noting that the evidence against him was insufficient to meet the legal standard of proof.
The five convicted individuals were sentenced to life imprisonment for murder and abduction, with additional sentences for charges of conspiracy and destruction of evidence. Vikas Sahu received an additional one-year sentence for impersonating a police officer.
The court also directed that the trial court record, along with a copy of the judgment, be sent back for immediate compliance.
Case Details
– Case Numbers: CRA No. 429/2021, CRA No. 352/2021, CRA No. 464/2021, CRA No. 562/2021, CRA No. 620/2021
– Bench: Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru
Lawyers Involved
– For the Appellants: Mr. Uttam Pandey, Mr. Rahil Kochar, Mr. Dharmesh Shrivastava, Mr. Siddharth Pandey, and Mr. Mohd. Irshad Hanif appeared on behalf of the appellants.
– For the Respondent/State: Mr. Sangharash Pandey, Government Advocate, represented the State of Chhattisgarh.
