Case Note & Summary
The present matter concerns two criminal appeals arising from the judgment and order dated 30.11.2018 passed by the Additional Sessions Judge, Chandrapur in Sessions Case No. 16/2017. The accused, Deoprasad @ Dewa Bhujbal Deosare, was convicted for kidnapping for ransom, murder, criminal conspiracy, and causing disappearance of evidence under Sections 364-A, 302, 120-B, and 201 read with Section 34 of the Indian Penal Code, 1860. He was sentenced to life imprisonment on multiple counts along with fines. The State of Maharashtra filed Criminal Appeal No. 176 of 2019 seeking enhancement of the sentence to capital punishment, while the accused filed Criminal Appeal No. 178 of 2019 challenging his conviction and sentence. The prosecution case, as unfolded before the trial court, was that on 15.09.2016, the informant's minor son Bhardwaj alias Sonu went missing. A ransom call demanding Rs. 4 lakhs was received on the accused's mobile phone, threatening the life of the child if police were informed. The investigating officer recorded the statements, and after the arrest of the accused, a memorandum statement led to the recovery of the dead body from a forest area and subsequently the discovery of the murder weapon, a knife. The postmortem report confirmed homicidal death. The prosecution examined 15 witnesses, including the informant, father, neighbours, panch witnesses, the medical officer, nodal officers from Idea and Vodafone, and the investigating officer, and relied on documentary evidence such as spot panchnamas, seizure memos, call detail records, and certificates under Section 65-B of the Indian Evidence Act. The trial court, after evaluating the evidence, held that the chain of circumstantial evidence was complete and convicted the accused. In appeal, the accused contended that the entire case was based on circumstantial evidence which failed to form a complete chain unerringly pointing to his guilt. He pointed to material omissions in the testimonies of the informant and her husband, argued that the last seen evidence was unreliable as the accused was also searching for the child, and submitted that the prosecution had not proved any motive. The State, on the other hand, prayed for enhancement of sentence to death. The High Court heard both appeals, reserved judgment on 20.11.2025, and pronounced an oral judgment on 23.12.2025. The operative part of the judgment is not available in the provided excerpt, and thus the final decision on the appeals remains unknown.
Headnote
A) Criminal Law - Kidnapping for Ransom and Murder - Sections 364-A, 302, 120-B, 201/34 IPC - The accused was convicted by the trial court for kidnapping for ransom, murder, criminal conspiracy, and causing disappearance of evidence based on last seen evidence, recovery of dead body and weapon at the instance of the accused, and phone call records. The State preferred an appeal seeking enhancement of sentence to capital punishment, while the accused challenged the conviction on the ground that the circumstantial evidence was insufficient. (Paras 1-4) B) Evidence - Circumstantial Evidence - Chain of Circumstances - The prosecution case relied on the circumstances of last seen together, recovery of the dead body and weapon, and call data records. The accused contended that the chain of circumstances was not complete and did not unerringly point to guilt, highlighting that the accused also participated in the search for the missing child and that there were material omissions in the testimonies of key witnesses. (Paras 5-6)
Issue of Consideration
Whether the prosecution established a complete chain of circumstantial evidence to prove the guilt of the accused beyond reasonable doubt for offences under Sections 364-A, 302, 120-B, and 201 read with Section 34 IPC; Whether the sentence of life imprisonment should be enhanced to capital punishment.
Law Points
- circumstantial evidence
- chain of circumstances
- last seen theory
- discovery of fact
- credibility of witnesses
- motive in circumstantial evidence
- standard of proof beyond reasonable doubt
