No body & no motive doesn't invalidate murder case: HC upholds life sentences

Raipur: The Chhattisgarh High Court upheld a trial court order sentencing two convicts to rigorous imprisonment for life in a murder case. The court asserted that a conviction for murder can be based on admissible direct and circumstantial evidence, even if the deceased's body is not recovered.

A division bench comprising Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma observed that although the absence of a motive is often argued by the accused, it is not always crucial for the prosecution's case. "Motive is a mental state, and only the perpetrator knows the precise reason for the crime. In many murder cases, proving motive is not possible, but this does not invalidate the prosecution's case," the bench stated.

HC further emphasised that if the recovery of evidence is based on identification by the accused and the chain of circumstances is strongly established, the accused cannot benefit merely from the absence of the body.

The criminal appeal was filed against the judgment of conviction and sentence dated Feb 24, 2021, passed by the Fourth Additional Sessions Judge, Durg, in a sessions trial. The trial court convicted and sentenced the appellants to seven years' rigorous imprisonment (RI) and a fine of Rs 500, with an additional three months' RI in default of fine payment under Section 364/34 of the IPC, life imprisonment under Section 302/34 of the IPC, five years' RI under Section 201/34 of the IPC, and seven years' RI under Section 120B of the IPC.

According to the prosecution, on Jan 18, 2019, the complainant, Anand Devangan, reported to Nevai police station that his father, Hariprasad Devangan, left for Patan on his bicycle at 8:30 pm and did not return. Despite extensive searches, he could not be located. A missing person report was registered, and an investigation was initiated.

During the investigation, the suspects—Sanju Vaishnav, Akash Kosare, Suraj Sahu alias Sujju, and Manish Sori—confessed to killing Hariprasad Devangan and burning his body near Khorpa Nala using paddy sticks. Sanju Vaishnav and Akash Kosare appealed the trial court's conviction order before the High Court.

The court noted that Hariprasad Devangan was last seen being picked up in a car hired by Sanju Vaishnav from Nilesh Tiwari on the day of the incident. The accused were obligated to explain what happened after he was last seen, but they failed to do so. The evidence established that burnt bone fragments, along with Hariprasad's ring, watch, and tiffin box, were recovered based on the accused's disclosure. The prosecution also proved that Sanju Vaishnav hired Nilesh Tiwari's Mahindra car on the day of the incident, and that Hariprasad, riding a bicycle, was struck by that vehicle near Risali Sector Sheetla Mandir. An eyewitness confirmed that Hariprasad was the cyclist hit by the car. The accused did not explain how Hariprasad's belongings and remains ended up at the Kotharikhar farm.

The court noted that the accused were also convicted under Section 120B of the IPC, with evidence confirming their involvement in the conspiracy to kidnap and murder Hariprasad, their attempt to destroy evidence, and the division of looted goods. "Based on our analysis, we are satisfied that the prosecution has proven its case beyond a reasonable doubt, and the trial court did not commit any legal or factual error in finding the appellants guilty," the bench concluded.

"Accordingly, the appeal lacks merit and is dismissed," the court declared, adding that the accused are currently in jail and will continue to serve the sentences imposed by the trial court on Feb 24, 2021.