1 CGHC010379352022 2026:CGHC:29557-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1843 of 2022 Heeralal Kurre S/o Late Santkumar Kurre Aged About 38 Years R/o Village Sendha, Police Station Podi, District : Koriya (Baikunthpur), Chhattisgarh ... Appellant versus State of Chhattisgarh Through- Station House Officer, Police Station Podi, District : Koriya (Baikunthpur), Chhattisgarh ... Respondent (Cause-title taken from Case Information System) For Appellant : Mr. Shishir Dixit, Advocate For State/Respondent : Mr. Sumit Singh, Deputy Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 14.07.2026 1. Heard Mr. Shishir Dixit, learned counsel for the appellant. Also heard Mr. Sumit Singh, learned Deputy Advocate General, appearing for the State/respondent. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2026.07.14 17:22:00 +0530 2 2. This criminal appeal is filed by the appellant/accused under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) is directed against the impugned judgment of conviction and order of sentence dated 09.11.2022 passed by the learned Second Additional District Judge, Manendragarh, District Korea (C.G.) in Sessions Case No.18/2020, by which, the appellant has been convicted and sentenced as under :- Conviction Sentence Under Section 363 of the Indian Penal Code, 1860 : Rigorous imprisonment for 05 years along with fine of Rs.500/-, in default of payment of fine, additional rigorous imprisonment for 15 days. Under Section 364 of the Indian Penal Code, 1860 : Rigorous imprisonment for 10 years along with fine of Rs.500/-, in default of payment of fine, additional rigorous imprisonment for 15 days. Under Section 302 of the Indian Penal Code, 1860 : Imprisonment for life along with fine of Rs.500/-, in default of payment of fine, additional rigorous imprisonment for 15 days. All the sentences were directed to run concurrently 3. The prosecution case, as unfolded during the course of trial and emerging from the First Information Report, the documentary evidence and the testimony of the prosecution witnesses, in brief, 3 is that the deceased, namely, Shravan Kumar, was a minor boy aged about seven years and was residing with his parents, namely, Rajesh Kurre (PW-1) and Rekha (PW-2), in Village Sendha, Police Station Podi, District Korea. It is the case of the prosecution that on 08.12.2019, Rajesh Kurre (PW-1), father of the deceased, had gone to his place of employment near Verma Plant at about 9:00 a.m. and returned home at approximately 5:40 p.m. On reaching home, he was informed by his wife Rekha (PW- 2), his elder son Sawan and other family members that Shravan Kumar, who had been playing in front of the house during the afternoon, had gone missing since about 4:30 p.m. Despite an extensive search conducted by the family members and villagers throughout the evening, the whereabouts of the child could not be ascertained. 4. 4. Consequently, Rajesh Kurre (PW-1) approached Police Assistance Centre, Nagpur, on the very same night and lodged information regarding the disappearance of his minor son. On the basis of the said information, a missing person report bearing Missing Person No.29/2019 was recorded in the daily diary. The said report has been brought on record as Ex.P-15, while the Dehati Nalishi has been proved as Ex.P-1. On the strength thereof, an offence under Section 363 of the Indian Penal Code against an unknown person came to be registered and, thereafter, Crime No.186/2019 was registered at Police Station Podi. The formal First Information Report has been proved as Ex.P-21. 4 5. The prosecution further alleges that on the following day, namely, 09.12.2019, while the search operation was still continuing, the father-in-law of Rajesh Kurre noticed a pair of pink-coloured slippers floating in the well situated in the premises belonging to the appellant-Hiralal Kurre. This information was immediately conveyed to Rajesh Kurre and other villagers. Thereafter, in the presence of several villagers and police personnel, a grappling hook was lowered into the well and the dead body of the minor child Shravan Kumar was recovered from the said well. 6. Upon recovery of the body, merg intimation under Section 174 CrPC was registered. The merg intimation has been exhibited as Ex.P-2. The investigating agency thereafter prepared the recovery panchnama of the dead body (Ex.P-10), issued notice to the panch witnesses (Ex.P-9), prepared the inquest report (Ex.P-9A), and initiated further investigation into the unnatural death. During investigation, the investigating officer seized from the well one pair of pink slippers allegedly belonging to the deceased, water from the well preserved in a bottle, and a plastic sack. The seizure memo evidencing the said recovery has been proved as Ex.P-11. 7. The dead body of the child was thereafter forwarded for post- mortem examination by requisition Ex.P-16, and the forwarding memo issued to the constable carrying the dead body has been proved as Ex.P-17. Dr. O.L. Barman (PW-12) conducted the post- mortem examination and submitted the post-mortem report Ex.P- 5 18, opining that the death had occurred due to drowning resulting in asphyxia and that the death had taken place within approximately 20 to 25 hours prior to the examination. 8. The prosecution further alleges that during investigation suspicion fell upon the appellant on account of previous animosity between him and the family of the deceased. It was alleged that the appellant had earlier maintained an intimate relationship with Rekha (PW-2), the mother of the deceased, prior to her marriage with Rajesh Kurre (PW-1), and that the relationship had subsequently deteriorated, resulting in longstanding hostility between the parties. According to the prosecution, the appellant had even threatened Rekha shortly before the occurrence. It is further alleged that after the appellant was taken into custody on 10.12.2019, his memorandum statement under Section 27 of the Indian Evidence Act was recorded in the presence of witnesses, which has been proved as Ex.P-13. Pursuant to the said memorandum, a silver locket allegedly belonging to the deceased was recovered from the possession of the appellant. The said locket was subsequently identified by Rekha (PW-2) during identification proceedings, the identification memo whereof has been proved as Ex.P-29. 9. The investigating agency also caused the water collected from the well and the tibia bone preserved during post-mortem examination to be forwarded to the Forensic Science Laboratory. The 6 forwarding letter has been exhibited as Ex.P-25, acknowledgment as Ex.P-26, and the Forensic Science Laboratory report as Ex.P- 27. According to the prosecution, the Diatom Test yielded positive findings both in respect of the water collected from the well and the tibia bone of the deceased, thereby supporting the prosecution version that the deceased had died due to drowning in the said well. 10. During investigation, the investigating officer also prepared the spot map (Ex.P-3) and a detailed site plan (Ex.P-4), while the Patwari prepared another spot map (Ex.P-5) depicting the location of the appellant's house, the well and the adjoining properties. These documents were relied upon by the prosecution to establish that the dead body was recovered from the well situated immediately behind the appellant's house and within his exclusive premises. 11. On completion of investigation, the police concluded that the appellant, on account of previous enmity with the parents of the deceased, had enticed the seven-year-old child from near his residence, taken him towards the well situated in his own premises, pushed him into the well with the intention of causing his death and thereby committed offences punishable under Sections 363, 364 and 302 IPC. Charge-sheet was accordingly filed before the jurisdictional Magistrate, who committed the case to the Court of Session for trial. 7 12. The learned Sessions Judge framed charges against the appellant under Sections 363, 364 and 302 of the Indian Penal Code. The appellant denied the charges and claimed to be tried. His defence, as disclosed in his statement under Section 313 of the CrPC, was one of complete denial and false implication. No defence evidence was adduced. 13. Upon appreciation of oral and documentary evidence available on record, the learned trial Court by the impugned judgment dated 09.11.2022, convicted and sentenced the appellant-accused for the offence punishable under Sections 363, 364 and 302 of IPC and sentenced him in the manner mentioned in the second paragraph of this judgment, against which this appeal under Section 374(2) of the CrPC has been preferred by him calling in question the impugned judgment. 14. Learned counsel appearing for the appellant would submit that the findings recorded by the learned trial Court are contrary to the evidence available on record and suffer from serious legal as well as factual infirmities. It is contended that the prosecution has utterly failed to establish the guilt of the appellant beyond all reasonable doubt and yet the learned trial Court has proceeded to convict him merely on the basis of conjectures and surmises. He would submit that admittedly there is no eyewitness to the alleged occurrence and the entire prosecution case rests solely upon circumstantial evidence. It is argued that where the prosecution 8 seeks conviction on circumstantial evidence, every circumstance relied upon must be firmly established and all such circumstances must form a complete and unbroken chain leading only to the hypothesis of the guilt of the accused and excluding every possible hypothesis consistent with his innocence. According to learned counsel, the prosecution has miserably failed to satisfy these well-settled principles. 15. It is further submitted that the learned trial Court has erred in placing reliance upon the alleged motive sought to be attributed to the appellant. The alleged previous relationship between the appellant and Rekha (PW-2), wife of Rajesh Kurre (PW-1), and the alleged enmity arising therefrom, even if assumed to be true, cannot by itself constitute proof of guilt. It is argued that motive is merely a corroborative circumstance and can never substitute legal proof. The prosecution has failed to establish any cogent or convincing evidence to demonstrate that such alleged previous enmity was of such intensity as would impel the appellant to commit the gruesome murder of a seven-year-old child. He contend that the prosecution has itself failed to establish the "last seen together" circumstance. Attention of this Court has been invited to the evidence of Raja Kurre (PW-4) and Uttam Kurre (PW-5), who have not supported the prosecution on the aspect that the deceased was last seen in the company of the appellant. Even according to the learned trial Court, the theory of last seen has not been proved. Once one of the principal links in the chain 9 of circumstances has failed, the remaining circumstances, according to learned counsel, become wholly insufficient to sustain the conviction. 16. It is next argued that the mere fact that the dead body of the deceased was recovered from a well belonging to the appellant cannot ipso facto establish that it was the appellant who had caused the death of the child. Learned counsel would submit that there is no evidence whatsoever to show that the well remained in the exclusive possession or control of the appellant to the exclusion of every other person. In absence of any evidence demonstrating exclusive access or exclusive possession, the recovery of the dead body from the well cannot constitute an incriminating circumstance of such conclusive nature as to establish the guilt of the appellant. He would further submit that the prosecution has also failed to establish the alleged recovery of the silver locket beyond reasonable doubt. The memorandum statement under Section 27 of the Indian Evidence Act is not corroborated by independent and reliable witnesses. One of the memorandum witnesses has not supported the prosecution and has been declared hostile. It is argued that the alleged recovery, in these circumstances, becomes doubtful and unsafe to be relied upon. Even otherwise, according to learned counsel, the alleged recovery of a locket cannot by itself establish the commission of murder unless the prosecution first establishes that the appellant had caused the death of the deceased. 10 17. It is further argued that the medical evidence does not support the prosecution case of homicidal murder. Referring to the testimony of Dr. O.L. Barman (PW-12) and the post-mortem report (Ex.P- 18), learned counsel would submit that the doctor has categorically opined that the cause of death was drowning resulting in asphyxia and has further described the nature of death as accidental. It is submitted that there is no external injury upon the body of the deceased suggesting any struggle or forcible assault. The medical evidence, therefore, according to learned counsel, completely demolishes the prosecution theory that the deceased was intentionally pushed into the well by the appellant. He would also submit that the prosecution has failed to produce any evidence showing that the appellant had taken the deceased from his house or had kidnapped him from the lawful guardianship of his parents. Consequently, the essential ingredients of Sections 363 and 364 of the Indian Penal Code remain wholly unproved. It is further contended that the learned trial Court has approached the matter with a preconceived notion arising out of the alleged previous enmity and has ignored the settled principle that suspicion, however grave, cannot take the place of legal proof. Instead of requiring the prosecution to establish every circumstance beyond reasonable doubt, the learned trial Court has shifted the burden upon the appellant to explain circumstances which the prosecution itself failed to prove. It is thus prayed that the impugned judgment of conviction and order 11 of sentence be set aside and the appellant be acquitted of all the charges. 18. Per contra, learned State counsel would vehemently oppose the appeal and support the impugned judgment of conviction and order of sentence. It is submitted that the learned Sessions Judge has meticulously appreciated both the oral and documentary evidence and has returned findings which are based upon proper appreciation of the material available on record. According to the learned State counsel, the findings recorded by the trial Court neither suffer from perversity nor from any illegality warranting interference in appellate jurisdiction. It is submitted that although there is no direct eyewitness to the occurrence, the prosecution has successfully established a complete chain of incriminating circumstances which unmistakably point towards the guilt of the appellant and are wholly inconsistent with his innocence. Each circumstance relied upon by the prosecution has been independently proved by reliable evidence and, when considered cumulatively, they constitute an unbroken chain leading only to one conclusion, namely, that it was the appellant alone who committed the offences in question. 19. Learned State counsel would submit that the prosecution has successfully established the existence of a strong motive. The evidence of PW-1 Rajesh Kurre and PW-2 Rekha clearly demonstrates that prior to her marriage, Rekha had maintained a 12 relationship with the appellant, which subsequently became a source of serious animosity. The evidence further establishes that shortly before the occurrence, the appellant had threatened Rekha with dire consequences. This previous enmity furnishes a strong motive for the commission of the offence. It is further argued that the dead body of the seven-year-old child was recovered from the well belonging to the appellant immediately on the following day of his disappearance. The recovery of the deceased from the appellant's well is an extremely significant incriminating circumstance which has remained wholly unexplained by the appellant throughout the trial. 20. Learned State counsel would further submit that the memorandum statement recorded under Section 27 of the Indian Evidence Act led to the recovery of the silver locket belonging to the deceased from the possession of the appellant. The said recovery stands duly corroborated by the testimony of the investigating officer and the memorandum witness who supported the prosecution. The recovered article was subsequently identified by PW-2 Rekha during identification proceedings. Such recovery constitutes a highly incriminating circumstance connecting the appellant with the crime. It is also submitted that the scientific evidence lends complete assurance to the prosecution case. The Diatom Test Report (Ex.P-27), read with the post-mortem report (Ex.P-18), conclusively establishes that the deceased had died due to drowning in the very well from which his body was recovered. The 13 seizure of the slippers from the same well, the recovery of the deceased's body therefrom, and the recovery of his locket from the appellant collectively complete the chain of circumstances. 21. Learned State counsel would further submit that the appellant has failed to furnish any explanation whatsoever regarding the recovery of the deceased's body from his well or the recovery of the deceased's locket pursuant to his memorandum. Such silence on the part of the appellant furnishes an additional link in the chain of circumstances. According to the learned State counsel, the learned trial Court has correctly appreciated every circumstance individually and cumulatively, and the conclusion recorded by it is the only possible conclusion emerging from the evidence on record. It is, therefore, submitted that no case for interference is made out and the appeal deserves to be dismissed. 22. We have heard learned counsel for the parties at considerable length. We have also carefully gone through the entire original record of the trial Court, the impugned judgment of conviction and order of sentence, the oral evidence adduced by the prosecution witnesses, the documentary evidence exhibited during trial, and the submissions advanced on behalf of both sides. 23. Since the present case rests entirely upon circumstantial evidence, it becomes the duty of this Court, as the first appellate Court, to independently re-appreciate the entire evidence 14 available on record and ascertain whether the prosecution has succeeded in establishing each incriminating circumstance beyond reasonable doubt and whether the chain of circumstances is so complete as to exclude every hypothesis other than the guilt of the appellant. Equally, this Court is required to examine whether the findings recorded by the learned Sessions Judge suffer from any perversity, misreading of evidence or legal infirmity warranting interference in appeal. 24. In the light of the rival submissions advanced by the learned counsel for the parties, the following questions arise for determination: (i) Whether the prosecution has succeeded in proving, beyond reasonable doubt, the complete chain of incriminating circumstances connecting the appellant with the offences punishable under Sections 363, 364 and 302 of the Indian Penal Code? (ii) Whether the recoveries effected during investigation, the medical and scientific evidence, and the other attendant circumstances relied upon by the prosecution constitute legally admissible and reliable evidence sufficient to sustain the conviction of the appellant? (iii) Whether the judgment of conviction and order of sentence passed by the learned trial Court suffer from any perversity, illegality or misappreciation of evidence so as to 15 warrant interference by this Court in exercise of its appellate jurisdiction? Point No. (i) - Whether the prosecution has succeeded in proving, beyond reasonable doubt, the complete chain of incriminating circumstances connecting the appellant with the offences punishable under Sections 363, 364 and 302 of the Indian Penal Code? 25. Since the entire prosecution case is founded upon circumstantial evidence and there is admittedly no eyewitness to the actual occurrence, it becomes incumbent upon this Court, while exercising appellate jurisdiction against a judgment of conviction, to undertake an independent and comprehensive re-appreciation of the entire evidence available on record. Unlike a case based upon direct ocular testimony, a case resting on circumstantial evidence requires the Court to examine whether each incriminating circumstance relied upon by the prosecution has been independently established by cogent and reliable evidence and whether all such proved circumstances, when considered cumulatively, constitute a complete and unbroken chain leading only to the irresistible conclusion that the crime was committed by the accused and none else. If any one of the material links is found to be missing or if the established circumstances are capable of supporting any other reasonable hypothesis consistent with the innocence of the accused, the benefit of doubt 16 necessarily enures to the accused. 26. The principles governing appreciation of circumstantial evidence are no longer res integra. In Hanumant Govind Nargundkar v. State of Madhya Pradesh, AIR 1952 SC 343, the Hon'ble Supreme Court held that in cases depending entirely upon circumstantial evidence, the circumstances from which the conclusion of guilt is to be drawn should, in the first instance, be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. The Court further observed that the circumstances should be of a conclusive nature and tendency and should be such as to exclude every possible hypothesis except the one sought to be proved. 27. The aforesaid principles were elaborately explained and authoritatively restated by the Constitution Bench of the Hon'ble Supreme Court in Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116, wherein the Court laid down the celebrated five golden principles, popularly known as the Panchsheel of Circumstantial Evidence. The Constitution Bench held that before recording a conviction based on circumstantial evidence, the Court must be satisfied that: (i) the circumstances from which the conclusion of guilt is to be drawn are fully established; (ii) the facts so established are consistent only with the hypothesis of the guilt of the accused; 17 (iii) the circumstances are of a conclusive nature and tendency; (iv) they exclude every possible hypothesis except the one sought to be proved; and (v) there must be a complete chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused. 28. These principles have consistently been followed in Trimukh Maroti Kirkan v. State of Maharashtra, (2006) 10 SCC 681, Bodhraj v. State of Jammu & Kashmir, (2002) 8 SCC 45, State of U.P. v. Satish, (2005) 3 SCC 114, C. Chenga Reddy v. State of Andhra Pradesh, (1996) 10 SCC 193, and a catena of subsequent decisions. 29. Bearing the aforesaid settled legal principles in mind, this Court has independently scrutinized the entire oral and documentary evidence adduced by the prosecution. Upon such scrutiny, it becomes apparent that the prosecution seeks to establish the guilt of the appellant on the basis of the following incriminating circumstances: (i) the disappearance of the deceased, a seven-year-old child, from near his residence on the evening of 08.12.2019; (ii) the prompt lodging of the missing report by his father on the very same night; 18 (iii) the recovery of the dead body of the deceased from the well belonging to the appellant on the very next day; (iv) recovery of the slippers of the deceased floating in the well immediately prior to recovery of the dead body; (v) the existence of previous animosity between the appellant and the parents of the deceased; (vi) the recovery of the silver locket belonging to the deceased pursuant to the memorandum statement of the appellant; (vii) the medical evidence establishing death due to drowning; (viii) the scientific evidence in the nature of the Diatom Test corroborating the place and manner of death; and (ix) the failure of the appellant to furnish any plausible explanation regarding the presence of the dead body in his well or the recovery of the deceased's locket from his possession. The question which now falls for determination is whether all these circumstances stand proved beyond reasonable doubt and whether they collectively form a complete chain consistent only with the guilt of the appellant. 30. The first circumstance relates to the disappearance of the 19 deceased. Rajesh Kurre (PW-1), father of the deceased, has categorically deposed that on 08.12.2019 he had gone to work in the morning and returned home at about 5:40 p.m., whereupon he learnt from his wife Rekha (PW-2), his elder son and other family members that Shravan Kumar, who had been playing outside the house, had gone missing since about 4:30 p.m. PW-1 has further deposed that despite an extensive search by family members and villagers throughout the evening, the child could not be traced. Finding no clue regarding the whereabouts of the child, he immediately approached the Police Assistance Centre, Nagpur, during the same night and lodged the missing report. 31. The testimony of PW-1 on this aspect receives complete corroboration from PW-2 Rekha, PW-3 Vijendra, PW-11 R.N. Gupta, the Investigating Officer, and the documentary evidence in the form of Rojnamcha Sanha (Ex.P-15), Dehati Nalishi (Ex.P-1) and the First Information Report (Ex.P-21). The promptness with which the missing report came to be lodged assumes considerable significance, for it effectively rules out any possibility of afterthought, embellishment or false implication. There is absolutely nothing in the cross-examination of these witnesses to discredit their testimony on this aspect. 32. The second and perhaps the most significant circumstance is the recovery of the dead body from the well belonging to the appellant. The evidence of PW-1 Rajesh Kurre, PW-2 Rekha, PW- 20 3 Vijendra, PW-4 Raja Kurre, PW-11 R.N. Gupta and the documentary evidence, namely, the recovery memo (Ex.P-10), seizure memo (Ex.P-11), inquest proceedings (Ex.P-9 and Ex.P- 9A) unequivocally establish that on the following day, while the search was continuing, a pair of pink slippers belonging to the deceased was noticed floating on the surface of the water in the appellant's well. Acting upon this information, the police and villagers lowered a grappling hook into the well, whereupon the dead body of Shravan Kumar was recovered. The evidence of these witnesses is natural, consistent and mutually corroborative. Their testimony has remained substantially unshaken in cross- examination. No suggestion has been put to these witnesses disputing either the place of recovery or the factum of recovery from the appellant's well. 33. The prosecution has further succeeded in establishing through PW-13 Patwari Sandeep Singh, the spot maps (Ex.P-3, Ex.P-4 and Ex.P-5), and the testimony of the Investigating Officer that the well from which the body was recovered was situated immediately behind the residential premises of the appellant and formed part of his property. The defence has not been able to create any serious doubt regarding either the identity of the well or its ownership. This circumstance assumes considerable importance because the recovery of the dead body from the appellant's well constitutes one of the strongest incriminating links in the chain of circumstances. 21 34. Accordingly, Point No. (i) is answered in the affirmative and against the appellant. Point No. (ii) - Whether the recoveries effected during investigation, the medical and scientific evidence, and the other attendant circumstances relied upon by the prosecution constitute legally admissible and reliable evidence sufficient to sustain the conviction of the appellant? 35. Having held while answering Point No. (i) that the prosecution has substantially succeeded in establishing the chain of incriminating circumstances against the appellant, it now becomes necessary to examine whether the recoveries effected during investigation, the medical evidence, the scientific evidence and the documentary evidence relied upon by the prosecution satisfy the requirements of admissibility and reliability in law so as to constitute a sound foundation for sustaining the conviction recorded by the learned Sessions Judge. Since the appellant has seriously questioned the evidentiary value of the memorandum statement, the recovery of the silver locket, the medical opinion and the scientific evidence, this Court is required to independently scrutinize each of these circumstances. 36. The prosecution has first established, through the testimony of Rajesh Kurre (PW-1), that immediately after his seven-year-old son Shravan Kumar went missing on the evening of 08.12.2019, an intensive search was conducted by the family members and 22 villagers, but the child could not be traced. PW-1 has categorically deposed that he immediately approached the Police Assistance Centre, Nagpur, and lodged the missing report during the very same night. His testimony stands fully corroborated by the Rojnamcha Sanha (Ex.P-15), the Dehati Nalishi (Ex.P-1), and the First Information Report (Ex.P-21), all of which came into existence without any delay. The prompt registration of the missing report lends complete assurance to the prosecution case and excludes any possibility of deliberation, embellishment or false implication. The testimony of PW-1 on this aspect has remained substantially unshaken in cross-examination. 37. The evidence of Rekha (PW-2), the mother of the deceased, assumes considerable significance not merely because she corroborates the testimony of PW-1 regarding the disappearance of the child, but also because she has deposed regarding the previous strained relationship between the appellant and herself, the threats extended by the appellant shortly before the occurrence, and the subsequent identification of the silver locket recovered during investigation. PW-2 has stated that prior to her marriage she had acquaintance with the appellant, but thereafter she refused to continue any relationship with him, on account of which the appellant had become hostile towards her family. She further stated that one day prior to the occurrence, the appellant had threatened her by stating that he would not permit her to live peacefully. Though motive alone cannot be the basis of 23 conviction, the testimony of PW-2 furnishes a relevant surrounding circumstance explaining the genesis of the crime and the conduct of the appellant. 38. PW-2 Rekha has further categorically deposed that her son Shravan Kumar used to wear two lockets around his neck, one of which was a silver locket depicting Goddess Kali. According to her evidence, when the dead body was recovered, the said silver locket was missing from the neck of the deceased. She has further identified the silver locket recovered by the investigating agency pursuant to the memorandum statement of the appellant. The identification proceedings have been proved by Identification Memo (Ex.P-29). Nothing substantial has been elicited during her cross-examination so as to cast any doubt upon her ability to identify the locket belonging to her own minor son. The evidence of PW-2, therefore, furnishes complete corroboration to the recovery effected by the investigating agency. 39. Vijendra (PW-3) has supported the prosecution case to the extent that the search for the missing child continued throughout the evening and that on the following day the dead body was recovered from the well belonging to the appellant. Although PW- 3 did not fully support the prosecution on the aspect of "last seen together", his testimony regarding the recovery of the dead body, the location of the well and the presence of the appellant in the vicinity immediately after the occurrence lends assurance to the 24 prosecution case. Merely because a witness does not support the prosecution in its entirety does not render his entire testimony liable to be discarded. It is well settled that the evidence of a witness has to be appreciated as a whole and the Court is entitled to rely upon that part of the testimony which inspires confidence. 40. The recovery of the dead body has been fully established through the evidence of PW-1 Rajesh Kurre, PW-2 Rekha, PW-3 Vijendra, PW-6 Ramprakash, PW-7 Shivdas, PW-8 Nagendra Kumar and the Investigating Officer PW-11 R.N. Gupta. Their evidence clearly establishes that after the slippers of the deceased were noticed floating in the appellant's well, a grappling hook was lowered into the well and the dead body of the deceased was recovered therefrom. The recovery memo (Ex.P-10), seizure memo (Ex.P- 11), notice issued to panch witnesses (Ex.P-9) and the inquest report (Ex.P-9A) stand duly proved by the Investigating Officer. The defence has not been able to impeach the authenticity of these contemporaneous documents. 41. The prosecution has also proved the seizure of the deceased's slippers, water from the well and the plastic sack through the seizure memo (Ex.P-11). PW-6 Ramprakash, one of the seizure witnesses, has supported the prosecution regarding the seizure proceedings. Although the other seizure witness could not be examined owing to his demise, such circumstance does not in any manner affect the admissibility or reliability of the seizure. The 25 evidence of the Investigating Officer regarding the seizure has remained consistent throughout and is fully corroborated by the documentary evidence. 42. The learned counsel for the appellant has laid considerable emphasis upon the fact that one of the memorandum witnesses did not support the prosecution. In the opinion of this Court, such submission is devoid of merit. It is now well settled that merely because one of the independent witnesses turns hostile, the recovery effected pursuant to the memorandum statement does not become inadmissible or unreliable if the testimony of the Investigating Officer and the remaining witness inspires confidence. In State (Govt. of NCT of Delhi) v. Sunil, (2001) 1 SCC 652, the Hon'ble Supreme Court has categorically held that there is no rule of law that the evidence of a police officer regarding recovery must invariably be corroborated by independent witnesses before it can be acted upon. The Court observed that police officials are as competent witnesses as any other witness and their testimony cannot be discarded merely because they belong to the police force. 43. In the present case, Kumar Sai Thakur (PW-15), the subsequent Investigating Officer, has categorically deposed that after the appellant was taken into custody, his memorandum statement (Ex.P-13) was recorded in the presence of independent witnesses. Pursuant to the information furnished by the appellant, 26 the silver locket belonging to the deceased was recovered from the place disclosed by him. PW-10 Premlal Kurre, one of the memorandum witnesses, has substantially supported the prosecution and has admitted that the appellant disclosed that he had removed the silver locket from the neck of the deceased and had concealed it in his house. Such disclosure resulted in the recovery of the silver locket, which was subsequently identified by PW-2 Rekha through Identification Memo (Ex.P-29). The fact that the appellant alone possessed knowledge regarding the concealment of the said article constitutes a relevant fact admissible under Section 27 of the Indian Evidence Act. 44. The recovery of the silver locket assumes considerable significance because it is not an ordinary article recovered from an open place accessible to all. It is a personal article belonging to the deceased and was recovered only after the appellant disclosed the place of its concealment. Such recovery furnishes a strong incriminating circumstance connecting the appellant with the commission of the offence. The learned Sessions Judge has rightly relied upon the said recovery. 45. Equally significant is the medical evidence adduced by the prosecution through Dr. O.L. Barman (PW-12). The doctor has proved the post-mortem report (Ex.P-18) and has deposed that on external examination the clothes of the deceased were found wet and that on internal examination froth was present in both lungs, 27 the left chamber of the heart was empty, and the internal organs were congested. According to the doctor, death had occurred due to drowning resulting in asphyxia. The post-mortem was conducted within about twenty to twenty-five hours of death. The doctor further preserved the tibia bone and clothing of the deceased for forensic examination, which were duly seized under Ex.P-12 and forwarded for chemical examination through Ex.P- 25. 46. Much emphasis has been laid by learned counsel for the appellant upon the opinion of PW-12 that the nature of death was "accidental". This Court is unable to accept the submission that such opinion by itself completely demolishes the prosecution case. It is trite that the opinion of the medical expert is only advisory in nature. The ultimate conclusion regarding the manner in which the death occurred is required to be drawn by the Court after evaluating the entire evidence on record. In Solanki Chimanbhai Ukabhai v. State of Gujarat, (1983) 2 SCC 174, the Hon'ble Supreme Court held that medical opinion is merely corroborative and where the surrounding circumstances unmistakably point towards homicidal death, the Court is not bound by the descriptive expression employed by the doctor. In the present case, the recovery of the dead body from the appellant's well, the recovery of the deceased's silver locket from the appellant, the established motive, and the absence of any explanation from the appellant are circumstances which 28 unmistakably establish that the drowning was not a mere accident. 47. The scientific evidence further lends complete assurance to the prosecution case. The Diatom Test Report (Ex.P-27) clearly indicates the presence of diatoms both in the water collected from the appellant's well and in the tibia bone of the deceased. This scientific evidence corroborates the opinion of PW-12 that the deceased died due to drowning in the same well from which the body was recovered. The scientific evidence thus constitutes an independent and objective circumstance lending assurance to the prosecution case. 48. The evidence of PW-11 R.N. Gupta, the Investigating Officer, deserves acceptance. He has proved the registration of the offence, preparation of the spot map (Ex.P-3), seizure of the articles (Ex.P-11), preparation of the inquest proceedings (Ex.P-9 and Ex.P-9A), forwarding of the body for post-mortem (Ex.P-16), seizure of the articles preserved during post-mortem (Ex.P-12), and other steps taken during investigation. Despite lengthy cross- examination, no material contradiction or omission has been brought to the notice of this Court which may render his evidence unreliable. 49. Likewise, PW-13 Patwari Sandeep Singh has proved the detailed site plan (Ex.P-5), clearly showing that the well from which the body was recovered was situated behind the house of the 29 appellant. His evidence corroborates the testimony of the Investigating Officer and other prosecution witnesses regarding the location of the place of occurrence. 50. Thus, when the recoveries, the medical evidence, the scientific evidence and the documentary evidence are appreciated collectively, they form a mutually corroborative body of evidence. None of these circumstances has been shown to be fabricated or inherently unreliable. On the contrary, each circumstance lends assurance to the other and together they establish the prosecution case beyond reasonable doubt. 51. The learned Sessions Judge has meticulously appreciated each of the aforesaid pieces of evidence independently and thereafter cumulatively. We do not find any perversity, misreading of evidence or erroneous application of law in the appreciation undertaken by the learned trial Court. The findings recorded are fully supported by the evidence available on record. 52. Consequently, this Court holds that the recoveries effected during investigation, the memorandum statement of the appellant, the medical evidence of PW-12, the scientific evidence in the form of the Diatom Test Report, the documentary exhibits and the oral testimony of the material prosecution witnesses constitute legally admissible, reliable and trustworthy evidence, which, when read together, fully support the prosecution case and constitute a strong foundation for sustaining the conviction of the appellant. 30 53. 54. Accordingly, Point No. (ii) is answered in the affirmative and against the appellant. Point No. (iii) Whether the judgment of conviction and order of sentence passed by the learned trial Court suffer from any perversity, illegality or misappreciation of evidence so as to warrant interference by this Court in exercise of its appellate jurisdiction? 54. Having answered the preceding two points in favour of the prosecution, the next question which falls for consideration is whether the judgment of conviction and order of sentence passed by the learned Sessions Judge suffer from any perversity, illegality, material irregularity or misappreciation of evidence warranting interference by this Court. 55. At the outset, it is necessary to bear in mind the well-settled principles governing the powers of the appellate Court while dealing with an appeal against conviction. An appeal against conviction is undoubtedly a continuation of the original proceedings and the appellate Court is under a legal obligation to independently assess, analyse and re-appreciate the entire evidence available on record. Nevertheless, where the findings recorded by the trial Court are based upon a proper appreciation of oral and documentary evidence and are neither perverse nor contrary to law, the appellate Court would be slow in substituting its own view merely because another view may also be possible. 31 Interference is justified only where the findings are manifestly erroneous, based on inadmissible evidence, ignore material evidence, or are such that no reasonable judicial mind could have arrived at the same conclusion. 56. The Hon'ble Supreme Court has consistently held that although the appellate Court possesses wide powers to review the evidence, such powers are required to be exercised with judicial restraint. Unless the appreciation of evidence by the trial Court is found to be wholly unreasonable, perverse or contrary to settled principles of criminal jurisprudence, the appellate Court ought not to disturb a well-reasoned judgment of conviction. Equally settled is the principle that if the conclusions recorded by the trial Court are reasonably possible on the basis of the evidence available on record, the same should ordinarily be affirmed. In the present case, we have independently scrutinized the entire evidence led by the prosecution, including the testimonies of PW-1 Rajesh Kurre, PW-2 Rekha, PW-3 Vijendra, PW-6 Ramprakash, PW-7 Shivdas, PW-8 Nagendra Kumar, PW-11 R.N. Gupta, PW-12 Dr. O.L. Barman, PW-13 Patwari Sandeep Singh and PW-15 Kumar Sai Thakur, together with the documentary exhibits proved during the course of trial. Upon such re-appreciation, we find that the learned Sessions Judge has meticulously examined every material circumstance appearing against the appellant. The learned trial Court has not proceeded on mere suspicion or surmises. Rather, it has carefully analysed the evidence of each 32 witness, tested the credibility of the prosecution witnesses on the touchstone of cross-examination, considered the documentary evidence contemporaneously prepared during investigation, examined the medical and scientific evidence, and thereafter reached the conclusion that the prosecution had successfully established a complete chain of circumstances pointing unmistakably towards the guilt of the appellant. 57. We further find that the learned Sessions Judge has not ignored any material piece of evidence favourable to the defence. On the contrary, the trial Court has expressly noticed that the prosecution failed to establish the circumstance of "last seen together" because PW-4 Raja Kurre and PW-5 Uttam Kurre did not fully support the prosecution on that aspect. Instead of overlooking this weakness, the learned Sessions Judge candidly recorded that the last-seen circumstance had not been proved. However, after excluding the said circumstance from consideration, the learned trial Court proceeded to examine whether the remaining circumstances independently constituted a complete chain. Such an approach is wholly consistent with the settled principles governing appreciation of circumstantial evidence and demonstrates the fairness with which the learned Sessions Judge evaluated the evidence. 58. The learned trial Court has rightly attached considerable importance to the undisputed circumstance that the dead body of 33 the seven-year-old deceased was recovered from the well belonging to the appellant on the very next day of his disappearance. This circumstance has been consistently proved by PW-1 Rajesh Kurre, PW-2 Rekha, PW-3 Vijendra, PW-6 Ramprakash, PW-11 R.N. Gupta and is duly corroborated by Recovery Memo (Ex.P-10), Seizure Memo (Ex.P-11), Inquest Report (Ex.P-9A) and the spot maps (Ex.P-3, Ex.P-4 and Ex.P-5). The defence has not been able to point out any material inconsistency or contradiction regarding this vital circumstance. 59. Equally, the learned Sessions Judge has rightly relied upon the recovery of the silver locket belonging to the deceased pursuant to the memorandum statement of the appellant. The memorandum statement (Ex.P-13), the recovery proceedings, the evidence of PW-10 Premlal Kurre and PW-15 Kumar Sai Thakur, together with the identification proceedings (Ex.P-29) proved through PW-2 Rekha, unmistakably establish that the appellant alone possessed knowledge regarding the concealment of the said article. The recovery is admissible under Section 27 of the Indian Evidence Act and constitutes an important incriminating circumstance connecting the appellant with the crime. The mere fact that another witness to the memorandum did not fully support the prosecution does not render the recovery unreliable, particularly when the evidence of the Investigating Officer inspires confidence and is corroborated by independent circumstances. The learned Sessions Judge has also correctly appreciated the 34 medical evidence. PW-12 Dr. O.L. Barman has proved the post- mortem report (Ex.P-18), which establishes that the deceased died due to drowning resulting in asphyxia. The preservation of the tibia bone and clothing, the forwarding of the same for forensic examination under Ex.P-25, and the Forensic Science Laboratory Report (Ex.P-27) confirming the presence of diatoms provide valuable scientific corroboration to the prosecution case. The learned trial Court rightly held that the scientific evidence completely supports the prosecution version that the deceased had drowned in the very well from which his body was recovered. 60. Much emphasis was laid before us on behalf of the appellant that the doctor had described the nature of death as "accidental". The learned Sessions Judge has rightly declined to accept this opinion as conclusive. The Court correctly appreciated that the expression employed by the doctor while describing the nature of death cannot override the cumulative effect of the surrounding circumstances. Whether the drowning was accidental or homicidal is essentially a question of fact to be determined by the Court upon evaluation of the entire evidence. The learned trial Court rightly considered not merely the medical opinion but also the recovery of the dead body from the appellant's well, the recovery of the deceased's silver locket from the appellant, the previous enmity between the parties, and the complete absence of any explanation from the appellant. Viewed cumulatively, these circumstances unmistakably indicate that the drowning was not 35 accidental but was the result of a homicidal act. We also find that the learned Sessions Judge has correctly appreciated the motive attributed to the appellant. The evidence of PW-1 Rajesh Kurre and PW-2 Rekha regarding the previous relationship between the appellant and PW-2, the subsequent hostility between them and the threats allegedly extended by the appellant shortly before the occurrence has been discussed in detail. The trial Court has not treated motive as the sole basis for conviction; rather, it has used motive only as one of the corroborative links in the chain of circumstances. Such an approach is fully in consonance with the settled principles of criminal law. 61. We have carefully examined the cross-examination of the material prosecution witnesses. Learned counsel for the appellant was unable to point out any contradiction or omission of such magnitude as would affect the substratum of the prosecution case. The minor discrepancies brought on record are natural and inevitable in the testimony of truthful witnesses narrating events after a lapse of time. It is trite that minor inconsistencies, variations or omissions, which do not touch the core of the prosecution case, cannot be elevated to the status of material contradictions so as to discredit otherwise reliable evidence. 62. We also find no substance in the contention that the investigation suffered from such serious irregularities as to render the prosecution case doubtful. The investigation appears to have 36 been conducted in a fair and systematic manner. The missing report was promptly registered; the spot inspection was immediately carried out; the inquest proceedings were conducted in accordance with law; the post-mortem examination was promptly undertaken; the articles recovered during investigation were duly seized, sealed and forwarded for forensic examination; and the reports obtained from the Forensic Science Laboratory have been duly proved. No prejudice whatsoever has been demonstrated to have been caused to the appellant on account of any alleged irregularity during investigation. 63. The appellant, in his examination under Section 313 of the CrPC, merely denied the prosecution allegations and pleaded false implication. Significantly, he failed to offer any explanation whatsoever regarding the recovery of the dead body of the deceased from his well or the recovery of the silver locket belonging to the deceased pursuant to his memorandum statement. Although the burden of proving the prosecution case always rests upon the prosecution, once these incriminating circumstances stood established, the failure of the appellant to furnish any explanation constitutes an additional link in the chain of circumstances, as consistently held by the Hon'ble Supreme Court. 64. Upon a cumulative assessment of the entire evidence, we are satisfied that the learned Sessions Judge has correctly 37 appreciated the oral, documentary, medical and scientific evidence in their proper perspective. The findings recorded by the learned trial Court are neither based on conjectures nor on surmises. They are founded upon legally admissible evidence and are supported by sound reasoning. We do not find any perversity, misreading of evidence, omission to consider any material circumstance, or erroneous application of legal principles which may justify interference by this Court. 65. It is well settled that where the view taken by the trial Court is a possible and plausible view based upon the evidence available on record, the appellate Court ought not to interfere merely because another view may also be possible. In the present case, the conclusion arrived at by the learned Sessions Judge is not merely a possible view but, in our considered opinion, is the only conclusion that legitimately emerges from the evidence adduced by the prosecution. We are, therefore, of the considered opinion that the prosecution has succeeded in establishing the guilt of the appellant beyond all reasonable doubt. The conviction recorded by the learned Sessions Judge for the offences punishable under Sections 363, 364 and 302 of the Indian Penal Code is fully justified on facts as well as in law. The sentence imposed is proportionate to the gravity and heinous nature of the offences proved against the appellant and does not call for any interference. 38 66. Consequently, we hold that the impugned judgment of conviction and order of sentence do not suffer from any perversity, illegality, material irregularity or misappreciation of evidence warranting interference in exercise of our appellate jurisdiction. 67. Accordingly, Point No. (iii) is answered in the negative, against the appellant and in favour of the prosecution. Conclusion 68. As a cumulative effect of the foregoing discussion and the findings recorded while answering Points No. (i), (ii) and (iii), this Court is of the considered opinion that the prosecution has successfully established, by cogent, reliable and legally admissible evidence, a complete and unbroken chain of circumstances which unerringly points towards the guilt of the appellant and excludes every reasonable hypothesis consistent with his innocence. 69. The prosecution has proved the motive, the disappearance of the deceased, the recovery of the dead body from the well belonging to the appellant, the recovery of the silver locket of the deceased pursuant to the memorandum statement of the appellant, the medical evidence establishing death by drowning, the scientific evidence in the form of the Diatom Test Report, and the attendant circumstances which, when read cumulatively, leave no room for any reasonable doubt regarding the complicity of the appellant in the commission of the offences. 39 70. We have independently re-appreciated the entire oral, documentary, medical and scientific evidence available on record, as is required of an appellate Court dealing with an appeal against conviction. Upon such re-appreciation, we find that the learned Sessions Judge has meticulously analysed the testimony of each material prosecution witness, duly considered the documentary exhibits, correctly appreciated the medical and forensic evidence and applied the settled principles governing conviction on circumstantial evidence. The findings recorded by the learned trial Court are based on proper appreciation of evidence and are neither perverse nor contrary to law. Learned counsel for the appellant has not been able to demonstrate any material illegality, perversity, omission to consider any vital piece of evidence, or misapplication of law so as to warrant interference by this Court in exercise of its appellate jurisdiction. 71. It is a settled principle of criminal jurisprudence that where the prosecution succeeds in establishing a complete chain of incriminating circumstances consistent only with the guilt of the accused and inconsistent with any hypothesis of innocence, the conviction can safely be sustained even in the absence of direct ocular evidence. In the present case, the circumstances proved by the prosecution are not isolated or independent facts, but are so interlinked and interwoven that they form a complete chain leading only to one irresistible conclusion, namely, that it was the appellant and none else who committed the offences in question. 40 The sentence imposed by the learned Sessions Judge is commensurate with the gravity and heinousness of the offences proved against the appellant and does not call for any reduction or modification. 72. Consequently, finding no merit in the present appeal, the same is dismissed. The judgment of conviction and order of sentence passed by the learned Sessions Judge is hereby affirmed. It is stated at the Bar that the appellant is in jail. Consequently, he shall remain in custody and serve out the sentence awarded to him by the learned trial Court in accordance with law. 73. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing his jail sentence to serve the same on the appellant informing him that he is at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon’ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services Committee. 74. Let a certified copy of this judgment along with the original record be transmitted to the trial court concerned forthwith for necessary information and compliance. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu