Rajasthan High Court - Jodhpur
Bhuraram vs State Of Rajasthan on 13 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:7326-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Appeal (Db) No. 251/2024
1. Bhuraram S/o Bhutaram, Aged About 27 Years, Resident
Of Doli Fali Bhimana Police Station Rohida Dist Sirohi
Rajasthan
2. Mohanlal S/o Sayebaram, Aged About 33 Years, Resident
Of Vatera Police Station Rohida Dist Sirohi Rajasthan
(Both lodged at Central Jail, Jodhpur)
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Arpit Surana
For Respondent(s) : Mr. Sharwan Singh Rathore, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Judgment
BY THE COURT: (Per Hon'ble Mr. Justice Vinit Kumar Mathur)
1. Date of conclusion of argument 05.02.2026
2. Date on which the judgment was 05.02.2026
reserved
3. Whether the full judgment or only Full Judgment operative part is pronounced
4. Date of Pronouncement 13.02.2026
1. The present D.B. Criminal Appeal has been filed under Section 374 Cr.P.C. by the accused-appellants (1) Bhuraram S/o Bhutaram and (2) Mohanlal S/o Sayebaram assailing the legality and validity of the judgment dated 28.06.2024 passed by learned Additional District and Sessions Judge, Bhinmal, District Jalore, (hereinafter referred to as 'learned trial court') in Sessions Case No.09/2022 whereby the accused-appellants have been convicted (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (2 of 21) [CRLAD-251/2024] for the offences under Sections 460, 394 read with Sections 397/34, 302/34 of the Indian Penal Code and sentenced as under:-
Offence under Imprisonment and Fine In default of Fine Section 394 read with 7 years Rigorous Further to undergo 397/34 of IPC Imprisonment and Fine of Rs. 2 months S.I. 10,000/-
460/34 of IPC 10 years Rigorous Further to undergo Imprisonment and Fine of Rs. 2 Months S.I. 10,000/-
302/34 of IPC Life Imprisonment and Fine of Further to undergo
Rs. 20,000/- 5 Months S.I.
2. As per prosecution's case the complainant-Ghewardas
submitted a written report (Exhibit P -1) alleging that near the river at Village Dhumbadiya there exists a Hanuman Temple, where his uncle, the deceased-Nainudas S/o Lachhiram had been residing and performing worship for several years. On the intervening night of 29.11.2021, some unknown miscreants trespassed into the said temple during night hours with the intention of committing theft and assaulted Nainudas with a knife, causing injuries on his hands, eyes and back, as a result of which, he sustained grievous injuries. At about 1:30 A.M., one Sohanaram S/o Kevajiram informed the complainant-Ghewardas telephonically that he could hear the cries "मारे मारे " of priest Nainudas coming from the Hanuman Temple and the priest Nainudas was being assaulted. Upon receiving the said information, the complainant-Ghewardas along with his brothers namely Bhanwardas, Kaludas and Veerdas rushed to the temple, where they found their uncle Nainudas lying in an injured (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (3 of 21) [CRLAD-251/2024] condition. He was immediately taken to the hospital, Bagoda for treatment and thereafter, while being taken to Bhinmal in unconscious condition, he succumbed to the injuries on the way. The unknown miscreants had committed theft of offerings kept in the temple and had taken away a bag belonging to the deceased.
3. On the basis of the above written report, marked as Exhibit P-1, a formal FIR No.166/2021 (Exhibit P-8) was registered at Police Station Bagoda, District Jalore, against the unknown persons for the offence under Section 460, 302 and 379 of the Indian Penal Code.
4. After completion of investigation, Police filed a charge-sheet against the accused-appellants for the offences under Sections 460, 397, 394 and 302/34 of IPC.
5. Learned Trial Court framed, read over and explained the charges under Sections 460, 397, 394 and 302/34 of IPC to the accused-appellants, who denied the charges and sought trial.
6. During the trial, the prosecution examined as many as 15 witnesses. In support of its case, the prosecution also produced documentary evidence, Exhibits P-01 to P-62.
7. The accused-appellants were examined under Section 313 Cr.P.C., wherein they stated that the prosecution witnesses had deposed falsely, given false evidence and they had been falsely implicated. In their defence, the accused-appellants did not produce any witnesses as well as documentary evidences.
8. Learned Trial Court, after hearing the arguments advanced on behalf of both sides, upon appreciation of the oral and documentary evidence brought on record, convicted and (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (4 of 21) [CRLAD-251/2024] sentenced the accused-appellant as aforesaid vide its judgment dated 28.06.2024.
9. Hence the present appeal.
10. Learned counsel for the accused-appellants assailed the impugned judgment of conviction and sentence dated 28.06.2024 passed by the learned trial court as being illegal, perverse and contrary to the evidence available on record. He submitted that the learned trial court has failed to appreciate the prosecution evidence in its correct perspective and has recorded conviction merely on conjectures and surmises.
11. Learned counsel for the accused-appellants submitted that the criminal proceedings were initiated on the basis of false, vague and baseless allegations and that the complaint itself does not disclose a truthful or reliable chain of evidence. He submitted that a careful reading of the statements of the prosecution witnesses examined before the learned trial court clearly reveals that the prosecution version is prima facie misleading and shrouded with serious suspicion.
12. Learned counsel for accused-appellants submitted that the learned trial court failed to appreciate that the alleged offence occurred during late night hours and no material whatsoever has been placed on record to establish the presence, participation or involvement of accused-appellants at the place of occurrence. He further submitted there were no eyewitnesses present at the place of occurrence. Therefore, entire case of the prosecution rests on circumstantial evidence and the prosecution has failed to establish a complete and unbroken chain of circumstances.
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13. Learned counsel for the accused-appellants, at the outset, assailed the prosecution case on the ground that the entire implication of the accused-appellants' rests solely on the basis of alleged recovery of mobile phones used at the time of incident (Exhibit P-28) and call detail records (Exhibit P-41 to Exhibit P-
43), which neither belonged to nor were proved to be used by them. It was submitted that the mobile numbers on the basis of which the Prosecution treated the accused-appellants as suspects were registered in the names of other persons and not in the names of the present accused-appellants. Despite this, the investigating officer-Chattar Singh (PW-2) failed to collect any legally admissible evidence to establish ownership, possession or conscious use of the said mobile phones by the accused- appellants, thereby creating serious and suspicious circumstances surrounding the investigation.
14. Learned counsel for the accused-appellants submitted that the investigating authorities committed a serious lapse in not recording the dying declaration (Parchabayan) of the deceased- Nainudas, despite the fact that he remained alive for a considerable period and was taken to the hospital for treatment. He further submitted that recording of the dying declaration was a crucial step in the investigation, particularly in a case where the prosecution alleges a brutal assault by unknown assailants and there are no eyewitnesses to the occurrence. The failure of the prosecution to place any dying declaration on record creates a serious dent in the prosecution case and casts doubt on the fairness and completeness of the investigation.
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15. Learned counsel for the accused-appellants further submitted that the investigation conducted in the present case suffers from serious procedural lapses. He pointed out that as per the statement of the complainant-Ghevardas (PW-1), the police reached the place of occurrence at about 7:00 A.M., however, a perusal of the site plan (Naksha Mauka) marked as Exhibit P-5 reveals that the same was prepared only at around 6:00 p.m. on 30.11.2021. He further submitted that such an unexplained and inordinate delay in preparation of the site plan, despite the police having reached the spot in the morning, clearly reflects a casual and defective investigation, which casts a serious doubt on the authenticity of the prosecution case.
16. Learned counsel for the accused-appellants submitted that the alleged recoveries shown at the instance of the appellants under Section 27 of the Indian Evidence Act are wholly doubtful and vitiated. He submitted that the alleged recovery of a sum of ₹120/- and a mobile phone from the pocket of the deceased priest, as well as a steel box containing bank passbooks, Aadhaar card, Bhamashah card and other documents, has been falsely attributed to information allegedly supplied by the accused- appellants (Exhibit P-20, Exhibit P-24, & Exhibit P-27). He further drew the attention of the Court to the statements of Kaludas (PW-
3) and Bhanwardas (PW-4), who have stated that the investigating agency themselves had taken the aforesaid articles from the place of occurrence and that the same were not recovered pursuant to any disclosure made by the accused- appellants, renders the said recoveries unsustainable.
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17. Learned counsel for the accused-appellants further submitted that no independent witnesses were associated at any stage of the alleged recovery proceedings, nor was any proper identification of the recovered articles or of the appellants conducted in accordance with law. He further submitted that in absence of independent corroboration, the recovery evidence remains wholly untrustworthy and the entire recovery process stands vitiated and deserves to be termed as flawed. He further submitted that the very nature of the alleged stolen articles, namely a bank passbook, Aadhaar card and allied documents, does not furnish any plausible motive for committing robbery or a heinous offence like murder.
18. Learned counsel for the appellants submitted that it has come on record in the testimonies of Investigating Officers PW-2 Chattarsingh and PW-4 Bhanwardas that the crime scene was photographed by the police, but for the reasons unknown, the same were not exhibited before the learned trial court. This shows that the investigation was tainted and incomplete.
19. Learned counsel for the accused-appellants relied upon the medical evidence and submitted that the prosecution has failed to establish that the injuries sustained by the deceased was insufficient to cause death. He invited the attention of the Court to the testimony of Dr. Vikas (PW-13), who conducted the post- mortem examination of the deceased and submitted his report. The witness has categorically stated that the injuries mentioned from Part 'I' to 'J' of Exhibit P-33, taken individually, may not be (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (8 of 21) [CRLAD-251/2024] sufficient in the ordinary course of nature to cause the death of a person.
20. Learned counsel for the accused-appellants assailed the sanctity of the prosecution's chain of evidence regarding taking into custody the recovered articles in Malkahana. Learned counsel drew the attention of the Court to the testimony of PW-12 Rajuram, the Malkhana Incharge, who has categorically stated that Exhibit P-44A does not mention the time at which the seized articles were deposited at the police station in any column of the Malkhana register. The witness further admitted that the said exhibit does not bear the signature of the officer who deposited the articles, nor does it contain any details regarding the time of deposit, which render the custody of the seized articles doubtful and completely undermine the credibility of the recovery and forensic evidence.
21. Lastly, learned counsel for the accused-appellants submitted that the prosecution has failed to establish its case beyond reasonable doubt and the impugned judgment dated 28.06.2024, whereby the accused-appellant has been convicted and sentenced, is illegal, erroneous and contrary to the material available on record and, therefore, liable to be quashed and set aside and the accused-appellants be acquitted of all the charges levelled against them.
22. Per contra, learned Public Prosecutor opposed the submissions advanced on behalf of the accused-appellants and supported the prosecution case as unfolded before the learned trial court. He submitted that there is no illegality or infirmity in (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (9 of 21) [CRLAD-251/2024] the impugned judgment dated 28.06.2024 passed by the learned trial court, whereby the accused-appellants were convicted for the under Section 460, 394 read with 397, 302/34 of the Indian Penal Code.
23. Learned Public Prosecutor further submitted that the recoveries effected at the instance of the accused-appellants, including a sum of ₹120/-, the mobile phone of the deceased and a steel box, clearly establish their involvement in the crime. He further submitted that during technical analysis, two mobile phones were found to be active within the relevant tower area during the morning hours and that the SIM cards used at the time of the incident were recovered at the instance of the accused- appellants, which sufficiently proves their presence near the place of occurrence.
24. Learned Public Prosecutor further submitted that blood- stained clothes and an iron rod (sariya) were recovered at the instance of the accused-appellants, and as per the FSL report (Exhibit P-60), human blood was detected on the said articles, which lends strong corroboration to the prosecution case.
25. Lastly, Learned Public Prosecutor submitted that the prosecution has successfully established a complete chain of circumstantial evidence, which unerringly points that it were the accused-appellants who have committed the offence alleged. He further submitted that the charges levelled against the appellants stand proved beyond reasonable doubt and prayed for dismissal of the appeal and affirmation of the conviction and sentence awarded by the learned trial court.
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26. We have considered the submissions made before this Court and have carefully examined the relevant record of the case, including the impugned judgment dated 28.06.2024.
27. A close scrutiny of the record reveals that at the time when the incident in question occurred, there was no eyewitness to the alleged incident. It is further undisputed that there was neither any last seen witness nor any other person present near the deceased-Nainudas, who was residing alone in the Hanuman Temple and had no assistant or servant. Thus, the present case rests entirely on circumstantial evidence. In such circumstances, the law mandates that the chain of circumstances must be complete, consistent and incapable of explanation on any hypothesis other than the guilt of the accused.
28. The most significant circumstance relied upon by the prosecution to connect the accused-appellants with the commission of crime is the alleged recovery of mobile phones and the call detail records. However, on a careful re-appreciation of the evidence of the investigating officer-Chattar singh (PW-2) and PW- 14 Trilok Singh, we find that this circumstance does not withstand judicial scrutiny. The investigating officer, in his cross- examination, has categorically admitted that none of the SIM cards allegedly recovered from the accused was registered in their names. The investigating officer further admitted that it never emerged during investigation that any of the accused possessed a SIM card registered in their own name and that although the accused stated they were using mobile phones of their relatives; no statements of such relatives were recorded.
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29. PW-14 Trilok Singh, who conducted the cyber analysis, has also admitted that during the relevant period as many as 13,700 mobile numbers were active in the concerned tower area, out of which about 1000 numbers were found suspicious, and finally only two numbers were found present in the tower area during the morning hours. Significantly, even these two numbers were found to be registered in the names of Bhutaram and Sohanlal, neither of whom were examined, questioned or apprehended by the police. Mere presence of certain mobile numbers in a tower area, without proof of ownership, exclusive possession or conscious use by the accused, cannot constitute a conclusive incriminating circumstance. The learned trial court erred in treating the recovery and technical evidence as sufficient merely because the recovery memos were formally proved, overlooking the substantive admissions which completely demolish the link between the accused and the alleged mobile usage. In the absence of evidence establishing that the recovered mobile phones were regularly or exclusively used by the accused, and in the absence of examination of the registered SIM holders, the entire edifice of the prosecution case built on mobile recovery and call detail records collapses.
30. Another serious infirmity in the prosecution case emerges from the evidence of PW-3 Kaludas and PW-4 Bhanwardas, which relates to the statement of the deceased-Nainudas recorded during his treatment. PW-3 Kaludas, in his cross-examination, has categorically stated that the police officer had questioned Nainudas at the hospital in the presence of a doctor and that the (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (12 of 21) [CRLAD-251/2024] said questioning was reduced into writing. PW-4 Bhanwardas has also stated that Nainudas had informed the police about the number of persons involved and the manner in which the incident had occurred, though he expressed inability to recall whether the police reduced the statement into writing. The testimonies of both these witnesses clearly indicate that the deceased was conscious for a sufficient period and had disclosed material facts to the police, and that such statement was either recorded or ought to have been recorded. However, no such statement, whether in the form of a dying declaration or, has been produced on record by the prosecution. The non-production of this crucial piece of evidence, despite clear indication of its existence, constitutes a serious lapse in investigation. In a case where there is no eyewitness and the prosecution alleges a brutal assault by unknown assailants, the dying declaration of the deceased assumes paramount importance.
31. PW-1 Ghewardas, the complainant, has categorically stated that the police reached at the place of occurrence at about 7:00 a.m. and that the site was inspected in the morning hours. He further stated that when the police inspected the spot, clothes and other articles were lying scattered. Although Exhibit P-5 bears his signatures, he has clearly admitted that the police merely obtained his signatures and did not conduct any proceedings in his presence. PW-1- Ghewardas has also stated that at around 6:00 p.m. on the same day, he was attending the cremation of the deceased and was not present at the place of occurrence. PW-2 Chhattar Singh, the Investigating Officer, in his cross-
(Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (13 of 21) [CRLAD-251/2024] examination, has admitted that the site inspection memo (Exhibit P-5) was prepared at about 6:00 p.m. on 30.11.2021. PW-3 Kaludas has further stated that the police inspected the place of occurrence on the next day, after the cremation of Nainudas had already taken place, and that the kurta of the deceased was found lying at the spot. The aforesaid evidence clearly reveals a glaring contradiction regarding the time and manner of preparation of the site plan. Despite the police having reached the spot in the morning hours, the site plan was prepared only in the evening, after the cremation of the deceased, without any satisfactory explanation. Such unexplained and inordinate delay in preparation of the Naksha Mauka, coupled with the admission that no proceedings were conducted in the presence of the complainant, casts a serious doubt on the authenticity of the site plan.
32. PW-3 Kaludas, in his cross-examination, has categorically stated that the kurta of the deceased-Nainudas was lying at the place of occurrence and that the police inspected the scene on the day after the cremation of the deceased. He further stated that when the police visited the hut, they themselves took away articles including the Aadhaar card, mobile phone and a box belonging to the deceased, and that he was unaware of what the police did with those articles thereafter. PW-4 Bhanwardas has also stated that the police searched the spot and took away a diary and other articles from the place of occurrence; though he volunteered that according to him the thieves had taken those items. The testimonies of these witnesses clearly indicate that the articles alleged to have been recovered at the instance of the (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (14 of 21) [CRLAD-251/2024] accused were, in fact, already available at the place of occurrence and were taken into possession by the police during spot inspection. In view of such categorical admissions, the prosecution version that a sum of ₹120/-, a mobile phone and a steel box containing bank passbooks, Aadhaar card, Bhamashah card and other documents were recovered pursuant to disclosures made by the accused-appellants (Exhibits P-20, P-24 and P-27) seems unreliable. The alleged recoveries shown at the instance of the accused-appellants under Section 27 of the Indian Evidence Act also fail to inspire confidence, are tainted and legally unsustainable. Recovery under Section 27 of the Evidence Act is admissible only when it is shown that the fact discovered was within the exclusive knowledge of the accused. Where the articles were already lying at the place of occurrence and were taken by the police themselves, the essential requirement of Section 27 stands completely defeated.
33. It has further come on record that during the alleged recovery proceedings, no independent witnesses were associated by the investigating agency. The recovery memos were witnessed only by police personnel, and neither the recovered articles nor the accused-appellants were subjected to any proper identification in accordance with law. The absence of such independent corroboration, coupled with the fact that the recoveries are supported only by official witnesses, renders the recovery evidence weak and unreliable.
34. Another serious lapse in the investigation pertains to suppression of material evidence. It has come on record that the (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (15 of 21) [CRLAD-251/2024] investigating authorities had got the place of occurrence photographed; however, the said photographs were neither placed on record nor exhibited before the learned trial court. PW-2 Chattar Singh, the Investigating Officer, has himself admitted in his examination-in-chief that photographs of the crime scene were taken, but the same were not submitted as part of the case file.
35. PW-4 Bhanwardas has also stated in his cross-examination that photographs were taken at the place of occurrence by the police officials, though he could not identify the photographer. The non-production of such crucial visual evidence, despite its admitted existence, gives rise to an adverse inference against the prosecution. The Photographs of the crime scene could have thrown valuable light on the condition of the spot, position of articles and the manner of occurrence.
36. The post-mortem examination of the deceased-Nainudas revealed multiple injuries, including bruising on the left eye, a 10x5 cm bruise on the lateral part, an abrasion on the right forearm, a stab wound on the right arm, fractures of the 11th and 12th ribs, rupture of the spleen and internal bleeding, with the cause of death opined to be hemorrhagic shock. PW-13 Dr. Vikas has proved the post-mortem report (Exhibit P-33), which bears the signatures of the members of the medical board. However, the said witness has categorically admitted in his cross-examination that the injuries mentioned from Part 'I' to 'J' of Exhibit P-33, taken by themselves, may not be sufficient to cause death. This admission assumes significance, particularly in the absence of any (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (16 of 21) [CRLAD-251/2024] clear evidence establishing the manner in which the fatal injuries were inflicted or linking the same to the accused-appellants.
37. As regards the forensic evidence, though the prosecution has examined PW-12 Rajuram, PW-9 Krishnaram Chaudhary and PW- 15 Mahendra Singh to establish that the seized articles were transmitted to the Forensic Science Laboratory in a sealed condition, the FSL report (Exhibit P-60), merely indicates the presence of human blood with inconclusive blood grouping. The prosecution has failed to establish any nexus between the blood detected on the seized articles and the blood group of deceased. Thus, neither the medical evidence nor the FSL report, when appreciated in the totality of circumstances, inspires confidence in the prosecution case.
38. PW-12 Rajuram, the Malkhana Incharge, in his cross- examination, has categorically admitted that Exhibit 44A, the store register (Malkhana register), does not mention the time at which the seized articles were deposited at the police station in any column, nor does it bear the signature of the officer who deposited the goods, nor does it record any details regarding the time of deposit. The witness has further admitted that portions 'C' to 'D' of Exhibit P-44A merely indicate the markings of the articles sent to the Forensic Science Laboratory through Krishna Ram PW- 09, but do not specifically state that all the packets were sealed and secure at the time of handing over, or that they were delivered in the same condition as received from the Malkhana. In the absence of proper documentation and authentication (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (17 of 21) [CRLAD-251/2024] regarding deposit of the articles in the Malkhana, the possibility of tampering cannot be ruled out.
39. We note that, it is trite that in a case founded entirely on circumstantial evidence, each circumstance relied upon by the prosecution must be firmly and cogently established, the proved circumstances must form a complete chain, and such chain must be consistent only with the hypothesis of the guilt of the accused and inconsistent with any other reasonable hypothesis of innocence. Suspicion, howsoever strong, cannot take the place of legal proof, and the prosecution must stand on its own legs to establish the guilt of the accused beyond reasonable doubt.
40. The Hon'ble Supreme Court in Sharad Birdhichand Sharda v. State of Maharashtra, reported in AIR 1984 SC 1622, has authoritatively laid down the governing principles for cases resting on circumstantial evidence and has enunciated the five golden principles, described as the Panchsheel, namely:-
(i) the circumstances from which the conclusion of guilt is to be drawn should be fully established.
(ii) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty.
(iii) the circumstances should be of a conclusive nature and tendency.
(iv) they should exclude every possible hypothesis except the one to be proved, and (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (18 of 21) [CRLAD-251/2024]
(v) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
41. Tested on the anvil of the aforesaid principles, the prosecution case in the present matter falls short on multiple counts. Firstly, the circumstances relied upon by the prosecution are not fully established beyond reasonable doubt. The foundational fact of presence and participation of the accused- appellants at the place of occurrence remains unproved, as admittedly there is no eyewitness or last seen witness, and the deceased was residing alone in the temple. Secondly, the circumstances proved are not consistent only with the hypothesis of guilt. The alleged mobile-phone linkage, relied upon as a principal circumstance, stands demolished by the admissions made by the Investigating Officer Chattar Singh (PW-2) and the Cyber Cell expert Trilok Singh (PW-14) in their statements, who categorically admitted that none of the SIM cards allegedly recovered were registered in the names of the accused- appellants and that the registered SIM holders-Sohanlal, Bhutaram and Maharani-were neither examined nor apprehended. The evidence further reveals that as many as 13,700 mobile numbers were active in the concerned tower area, out of which about 1000 were filtered as suspicious, thereby rendering the inference drawn against the accused wholly speculative coupled with the fact that the said recovered mobiles were being used by (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (19 of 21) [CRLAD-251/2024] the accused-persons at the time of incident and were in their exclusive possession.
42. Thirdly, the circumstances relied upon by the prosecution are not of a conclusive nature. The alleged recoveries under Section 27 of the Indian Evidence Act (Exhibits P-20, P-24 and P-27), projected as the cornerstone of the prosecution case, stand seriously dented by the categorical testimonies of Kaludas (PW-3) and Bhanwardas (PW-4), who have unequivocally stated that the police themselves took away the Aadhaar card, mobile phone, diary and box from the place of occurrence during spot inspection and that the said articles were not recovered pursuant to any disclosure made by the accused-appellants. The absence of independent witnesses and lawful identification further renders the recovery proceedings unreliable and legally unsustainable.
43. Fourthly, the prosecution has failed to exclude every possible hypothesis except that of guilt. The non-production of the statement of the deceased allegedly recorded at the hospital despite the clear testimonies of Kaludas (PW-3) and Bhanwardas (PW-4) indicating that the deceased had disclosed material facts to the police, the contradictory evidence regarding preparation of the site plan (Exhibit P-5) as deposed by Ghewardas (PW-1), Chattar Singh (PW-2) and Kaludas (PW-3), and the deliberate withholding of crime-scene photographs admittedly taken by the police as admitted by Chattar Singh (PW-2) and Bhanwardas (PW-4), cumulatively create serious doubt about the fairness and completeness of the investigation. It (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (20 of 21) [CRLAD-251/2024] has also come on record that after the alleged incident, the entire village was closed/shut down for three consecutive days. Therefore, the possibility cannot be ruled out that on account of pressure and/or protest raised by the villagers, the present accused-appellants were falsely foisted in the present case.
44. Lastly, when the evidence is appreciated cumulatively, the chain of circumstances is found to be incomplete and fractured. The medical evidence of Dr. Vikas (PW-13), who proved the post-mortem report (Exhibit P-33), itself indicates that the injuries mentioned from Part 'I' to 'J' may not be sufficient in themselves to cause death. The FSL report (Exhibit P-60), though showing presence of human blood, is rendered inconclusive due to absence of blood grouping and serious breaks in the chain of custody, as admitted by Rajuram (PW-12), the Malkhana Incharge, in respect of Exhibits P-44A. These infirmities leave reasonable grounds consistent with the innocence of the accused-appellants.
45. Consequently, the present D.B. Criminal Appeal is allowed.
46. The impugned judgment dated 28.06.2024 passed by the learned Additional District and Sessions Judge, Bhinmal, District Jalore in Sessions Case No.09/2022 (CIS No.16/2022), convicting and sentencing the accused-appellants Bhuraram S/o Shri Bhutaram and Mohanlal S/o Sayebaram for the offences under Sections 460, 394 read with 397/34 and 302/34 of the Indian Penal Code, is hereby quashed set aside.
47. The accused-appellants Bhuraram S/o Shri Bhutaram and Mohanlal S/o Sayebaram are hereby acquitted from all the (Uploaded on 16/02/2026 at 02:06:35 PM) (Downloaded on 16/02/2026 at 06:49:09 PM) [2026:RJ-JD:7326-DB] (21 of 21) [CRLAD-251/2024] charges levelled against them. The accused-appellants are in jail, therefore, they may be released forthwith, if not needed in any other case.
48. Keeping in view, however, the provisions of Section 437A Cr.P.C. the accused appellants are directed to forthwith furnish personal bonds in the sum of Rs.50,000/- each and a surety bond in the like amount, before the learned trial court, which shall be effective for a period of six months to the effect that in the event of filing of Special Leave Petition against the judgment or for grant of leave, the appellants, on receipt of notice thereof, shall appear before Hon'ble the Supreme Court.
49. Office is directed to send the record of the trial court forthwith.
(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J
-Vaibhav/C.P. Goyal/-
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