Chhattisgarh High Court Upholds Conviction in Murder Case; Acquits Two Accused of Conspiracy

Santkumar Bandhe's Life Imprisonment Affirmed; Rekhchand and Premchand Deshlahre Acquitted of Conspiracy Charges

In a significant judgment, the Chhattisgarh High Court, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, has upheld the life imprisonment of Santkumar Bandhe, convicted for murder under Sections 302 and 34 of the Indian Penal Code (IPC). The court, however, acquitted Rekhchand @ Jitendra Deshlahre and Premchand Deshlahre of conspiracy charges under Section 120B, citing insufficient evidence to sustain their conviction.

The case involved the murder of Dharmendra Deshlahare, who was last seen with Santkumar Bandhe as captured on CCTV footage. The prosecution's case heavily relied on circumstantial evidence and the "last seen theory," which the court found compelling enough to maintain Bandhe's conviction. The forensic evidence, including blood-stained clothes and corroborative testimony, played a critical role in establishing guilt beyond a reasonable doubt.

Conversely, the court found the conspiracy charges against Rekhchand and Premchand Deshlahre unsustainable. Despite the allegations of hiring contract killers, the court noted the lack of substantive evidence linking them to the criminal conspiracy. The absence of direct evidence connecting financial transactions to the crime further weakened the prosecution's case against them.

The judgment highlighted the importance of clear reasoning and consistent application of legal principles, particularly in cases involving circumstantial evidence and multiple charges. The court expressed concerns over the trial court's handling of the conspiracy charge, advising greater care in future adjudications.

While Santkumar Bandhe will continue to serve his life sentence, Rekhchand and Premchand Deshlahre have been ordered to be released immediately, provided they are not required in any other case. The judgment underscores the judiciary's commitment to upholding the principles of justice and due process.

Bottom Line:

Conviction under Section 302/34 IPC based on circumstantial evidence and "last seen theory" upheld for one appellant; acquittal under Section 120B IPC for two appellants due to lack of substantive evidence of conspiracy.

Statutory provision(s): Sections 302, 34, 120B of the Indian Penal Code, 1860; Section 374(2) of the Criminal Procedure Code, 1973; Section 313 of the Criminal Procedure Code, 1973; Section 27 of the Evidence Act, 1872; Section 437A of the Criminal Procedure Code, 1973 (now Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

Santkumar Bandhe v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2817098