Holding

The High Court’s acquittal was indefensible; the trial court’s conviction based on circumstantial evidence stands.

Summary

The case involved the murder of a man (the deceased) who was last seen with accused A‑1 and A‑2. The prosecution relied on circumstantial evidence: the victims' last sighting with the accused, purchase of knives by the accused, discovery of a skeleton and burnt items, and identification of the accused by a key witness (PW‑9). The trial court convicted A‑1 and A‑2 under sections 364, 302, 404 and 201 read with 109 of the IPC. The Andhra Pradesh High Court acquitted them, holding that the chain of circumstances was incomplete, but gave no reasons. The Supreme Court held that the High Court’s order was indefensible, affirmed the trial court’s findings, and restored the convictions, emphasizing the established principles governing circumstantial evidence and the last‑seen theory.

Issues considered

The conviction of the accused can be sustained solely on circumstantial evidence.
Whether the chain of circumstances established by the prosecution was complete and unbroken.
Whether the 'last seen' theory applies given the short time gap between the last sighting and the discovery of the body.
Whether the High Court erred in acquitting the accused without providing reasons.

Legislation cited

Indian Penal Code, 1860s. 109, s. 201, s. 302, s. 364, s. 404

Subjects

circumstantial evidencelast seen theorymurderkidnappingIndian Penal Codechain of evidenceconvictionacquittalSupreme Court of India

Judgment

[2008] 11 S.C.R. 873

I. RAVINDRA REDDY A
II.
SHAIK. KHADER MASTHAN AND ORS.
(Criminal Appeal No. 1216 of 2008)
AUGUST 4, 2008
B
~ [DR. ARIJIT PASAYAT AND G.S. SINGHVI, JJ.]

Penal Code, 1860- ss. 364, 302, 404 and 201 rlw s. 109
- Prosecution under - Circumstantial evidence - Deceased
last seen together with the accused persons - Time gap be- c
1
tween the point when deceased was seen alive and when he
was missing was very small - Accused persons identified by
the witness who had seen the deceased last in the company
of the accused - Conviction- by trial court - Acquittal by High
Court holding that chain of circumstances not complete - On D
appeal, held: Acquittal not justified - High Court did not indi-
~ cate any reasons for its finding - Order of trial court restored.
Respondents-accused Nos. 1 and 2 alongwith ac-
cused No. 3 were prosecuted for having killed one per-
son. According to prosecution case there was some dis- E
pute between father of the deceased (P.W.1-complainant)
and father of appellant-accused No. 1 (Accused No.3) in
respect of purchase of a car on loan and payment of
instalments thereof. Deceased and accused No. 1 study-
ing in the same college, had also some dispute on the F
~ issue in the college. On the same day appellants-accused
bought two kitchen knives from the shop of P.W. 5. The
deceased was last seen together with accused No. 1 and
2 by P.W. 9. One hour later deceased was not seen by him
with accused Nos. 1 and 2. P.W. 9 also got suspicious G
about the circumstances there. During Test Identification
Parad, PW-9 also identified both the accused. Initially on
f the complaint of PW-1 missing report of lodged. After ar-
rest of accused Nos. 1 and 2, at their instance, Demains
873 H
874 SUPREME COURT REPORTS [2008] 11 S.C.R.

"(
A of skeleton and some burnt articles were found. Some of I
the articles were identified by P.W. 1. Knives were also t
recovered from the house of accused Nos. 1 and 34.
Thereafter report was altered u/ss. 364, 302, 404, 201 r/w r
s. 109 IPC. Trial Court relying on the evidence of PW 9
B and applying .the theory of last seen together convicted
the appellants-accused Nos. 1 and 2. However, accused -f
No. 3 was acquitted. High Court acquitted both the ac-
cused on the ground that chain of circumstances were
not complete. Hence the present appeal by the complain-
c ant.
Allowing the appeal, the Court )
HELD: 1.1 The judgment of the High Court is inde-
fensible. The High Court has not indicated any reason
whatsoever as to why he found the evidence of PW-9 to
D
be not acceptable or as to why the chain of circumstances
highlighted by the prosecution did not unerringly point
at the accused persons to be guilty as the authors of the
crime. PW-9 identified A-1 and A-2 at the Test ldentifica-
"' I
\.-

tion Parade. His evidence regarding identification has re-
r
E mained unshaken. [Paras 20 and 21] [887 A,8]

1.2 PW-5 stated that A-1 had purchased two knives
which were seized by PW-24 covered under M.Os. 7 and
8. The High Court took exception to the fact that when
F pw.:s produced a duplicate bill to the police, the investi-
gating officer did not produce the original in the Court. It
¥
is ·not understood as to how the duplicate becomes irrel-
evant. [Para 20] [886 G,H]
2.1 Where a case rests squarely on circumstantial
G evidence, the inference of guilt can be justified only when
all the incriminating facts and circumstances are found \
to be incompatible with the innocence of the accused or
~
the_ guilt of any other person. The circumstances from -:,
which an inference as to the guilt of the accused is drawn
H have to be proved beyond reasonable doubt and have to
,....
I. RAVINDRA REDDY v. SHAIK KHADER 875
MASTHAN & ORS.
¥
be shown to be closely connected with the principal fact A
sought to be inferred from those circumstances. [Para 8]
[882 C, 882 E]
Bhagat Ram v. State of Punjab AIR 1954 SC 621; Eradu
and Ors. v. State of Hyderabad AIR 1956 SC 316; Hukam
Singh v. State of Rajasthan AIR 1977 UP v. Sukhbasi and B
~
· Ors. AIR 1985 SC 1224; Ba/winder Singh v. State of Punjab
AIR 1987 SC 350; Ashok Kumar Chatterjee v. State of M.P
AIR 1989 SC 1890; Padala Veera Reddy v. State of A.P and
Ors. AIR 1990 SC 79; C. Chenga Reddy and Ors. v. State of
A.P (1996) 10 sec 193 - relied on. c
"Circumsantial Evidence" by Sir Alfred Wills - referred to.
2.2 There is no doubt that conviction can be based
solely on circumstantial evidence but it should be tested
by the touch'."stone of law relating to circum$antial evi-
D
dence. The conditions precedent, before conviction could
..,._
be based on circumstantial evidence, must be fully es-
tablished. They are: (1) the circumstances from which the
conclusion of guilt is to be drawn should be fuliy estab-
lished. The circumstances concerned 'must' or 'should'
and not 'may be' established; (2) the facts so established E
should be consistent only with the hypothesis of the guilt
of the accused, that is to say, they should not be explain-
able on any other hypothesis except that the accused is
guilty; (3) the circumstances should be of·a conclusive
nature and tendency; (4) they should exclude every pos- F
)(
sible hypothesis except the one to be proved; and (5) 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
G
accused. [Paras 13 and 15] [884-0], [855 B,C,D,E,F]
Hanumant Govind Nargundkar and Anr. v. State of
'f Madhya Pradesh AIR 1952 SC 343; Sharad Birdhichand
Sarda v. State of Maharashtra, AIR 1984 SC 1622; State of
Rajasthan v. Rajaram 2003 (8) SCC 180; State of Haryana v. H
876 SUPREME COURT REPORTS [2008] 11 S.C.R.

""(
A Jagbir Singh and Anr. 2003 (11) SCC 261; State of UP v. ~

Ashok Kumar Srivastava 1992 Crl. LJ 1104; Kusuma Ankama ~
Rao v. State of A.P 2008 (10) SCR 89 - relied on. r
2.3 The last seen theory comes into play where the ~
I-
time-gap between the point of time when the accused and
B the deceased were seen last alive and when the deceased
'f
is found dead is so small that possibility of any person
other than the accused being the author of the crime be-
comes impossible. [Para 17] [886 A,B] t-!

c State of UP v. Satish 2005 (3) SCC 114; Jaswant Gir v.
State of Punjab 2005 (12) sec 438; Ramreddy Rajesh Khanna 'I
r
Reddy v. State of A.P 2008 (10) SCR 89 - relied on.
Case Law Reference
AIR 1954 SC 621 Relied on. Para 8
D
AIR 1956 SC 316 Relied on. Para 8
,,..,
AIR 1977 SC 1063 Relied on. Para 8
AIR 1983 SC 446 Relied on. Para 8

E AIR 1985 SC 1224 Relied on. Para 8
AIR 1987 SC 350 Relied on. Para 8
AIR 1989 SC 1890 Relied on. Para 8
~,.,,

1996 (10) sec 193 Relied on. Para 9 ~
F AIR 1990 SC 79 Relied on. Para 10
1992 Crl.LJ 1104 Relied on. Para 11 ¥

AIR 1952 SC 343 Relied on. Para 14 t
.l~
AIR 1984 SC 1622 Relied on. Para 15
G 2003 (8) sec 180 Relied on. Para 16
2003 (11) sec 261 Relied on. Para 16
2005 (3) sec 114 Relied on. Para 17 1'

2oos (10) sec 112 Relied on. Para 18
H
SUPREME COURT REPORTS [2008] 11 S.C.R. 877

2005 (12) sec 438 Relied on. Para 19 A
2008 (10) SCR 89 Relied on. Paras 16 & 19
CRIMINALAPPELLATE JURISDICTION: Criminal Appeal
No. 1216 of 2008
From the final Judgment and Order dated 27.7.2005 of B
the High Court of Judicature of Andhra Pradesh a Hyderabad
in Criminal Appeal No. 850 of 2005
J.K. Das and V.N. Raghupathy for the Appellant.
D. Bharathi Reddy and Manish Kumar (A.C.) for the Re- C
spondents.
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Leave granted.
2. Challenge in this appeal is to the judgment of a Division D
Bench of the Andhra Pradesh High Court directing acquittal of
the respondents 1 and 2. The appeal has been filed by the in-
formant. The accused 1 and 2 were tried for offences punish-
able under S~ctions 364, 302, 404 and 201 read with Section
109 of the Indian Penal Code, 1860 (in short the 'IPC') E
There was another person described asA-3 who also faced
trial alongwith them. The trial Court found that prosecution has
been able to establish the guilt of A-1 and A-2 beyond reason-
able doubt while directing acquittal of A-3. The conviction and the F
sentences imposed by the trial Court were as follows:
A-1 and A-2 are sentenced to rigorous imprisonment for
ten years and to pay a fine of Rs.1,000/-, in default to rigorous
imprisonment for a period of six months each for the offence
under Section 364 read with Section 34 IPC. G
A-1 and A-2 are further sentenced to imprisonment for life
and to pay a fine of Rs.1,000/-, in default, to rigorous imprison-
ment for a period of six months each for the offence under Sec-
tion 302 read with Section 34 IPC.
H
r=
L
r
,.____
878 SUPREME COURT REPORTS (2008] 11 S.C.R. '
'J.,.,

A A-1 and A-2 are further sentenced to rigorous imprison-
ment for a period of three years and to pay a fine of Rs.1,000/-
"'
, in default, to rigorous imprisonment for a period of six months •t
each for the offence under section 404 IPC.
A-1 and A-2 are further sentenced to rigorous imprison-
B ment for a period of seven ye~rs and to pay a fine of Rs.1,000/ .._
-, in default, to rigorous imprisonment for a period of six months .,
each for the offence under Section 201 IPC.
The sentences inflicted under the above offences shall run
c concurrently.
Being aggrieved by the judgment of the trial Court, A-1
and A-2 filed appeal before the High Court which as noted above
was allowed and they were acquitted of the charges.
3. Prosecution version in a nutshell is as follows:
D
A-1 is the son of A-3. A-2 is a friend of A-1. They are all
residents of Nellore. PW-1 is the father (hereinafter referred to _.. .......
!
1
as the 'deceased'), of lsanaka Pradeep Kumar Reddy. About
16 years prior to the incident, A-3 worked as car driver under
'~

\___

E P.W.1. During thattimeA-1 also studied along with the deceased I
in 1Oth class and Intermediate in National School, Nellore. In ...
the year 1996, P. W.1 purchased one Ambassador car bearing
registration No. AP 7C 9499 from P. W.12, but it was not trans- 'I,
\
ferred in the name of P.W.1. In the year 1997 P.W.1 sold the
said car to A-3 for Rs.2 lakhs, and handed over the same to l
F j•'

him. But he did not pay the amount. When P.W.1 demanded the •'l
amount, A-3 informed that he would purchase one Maruti car in )( '
'
his name by taking loan from Apple Credit Corporation and
accordingly A-3 purchased Maruti Car bearing registration No.
li'
AP 26 D 5767 in May, 1997 and handed over the same to P.W;1.
G '
The deceased was using the same. A-3 paid some instalments '
I-

to th~ Finance Company and later stopped payment. When the '
Finance Company asked P.W.1 to pay the instalments,· he paid }
~
two instalments. For non-payment of subsequent instalments, i

H
Finance Corporation employees seized the vehicle on 27-2- f~
~.
)',
Li',...
-t

I. RAVINDRA REDDY v. SHAIK KHADER 879
MASTHAN & ORS. [DR. ARIJIT PASAYAT, J]
r'
1999 when P.W.1 was at Hyderabad. The deceased informed A
the same to P.W.I on phone. On P..W.1 returning to Nellore, the
deceased informed him that he asked A-1 with regard to amount
of the car in the college but he did not pay any amount. On 9-3-
1999 at about 11.15 AM while taking English class for the stu-
dents, PW-3 found some disturbance in the class and found the B
deceased a·nd A-1 talking to each other. After completing the
class, the deceased approached P.W.3 and complained against
A-1 that he was asking for money. Thereupon he asked the
deceased as to whether he had to pay any amount to A-1, to
which the deceased replied that no amount was due to A-1. c
Immediately P.W.3 slapped A-1. P.W.17, a student of the col-
lege witnessed the said incident. While so, on 10-3-1999 at·
about 11 AM, P. W.4 who is a classmate of the deceased asked
the deceased about the incident on 9-3-1999, and the deceased
informed him about purchasing of car by P.W.1 and non-pay-
D
ment of instalments by A-3. On the said date, A-1 and A-2 went
to the shop of P.W.5 and purchased two kitchen knives, one of
"Prestige" company for Rs.220/- and another "Crystal" for Rs.50/
-. On 11-3-1999 the deceased went to the college at about 9
AM but did not return from the college till 1.30 PM. On that day
at about 9.30 a.m. the deceased had gone to the shop of P.W.2 E
and asked P.W.2 whether any Maruti car is available. Then PW-
2 informed him that there are no Maruti cars available and he
would inform him whenever cars are available. At about 1OA.M.,
P.W-6 who is a Mechanic in Auto Nagar and also broker in buy-
ing and selling cars found the deceased at the shop of P. W.2. F
At about 12.30 p.m. the deceased went to P.W.6 along with A-
>'
1 and another person and asked for 1986 or 1987 model Maruti
car. Then the deceased asked A-1 to get a scooter. A-1 informed
him that he would give a scooter which he was using and get
another scooter from Amancherla. Then all the three persons G
left the place at about 1.30 or 2 PM. At that time P. W.17 was
also present. P.Ws.7 and 8 saw the deceased and A-1 and A-2
- 'f going on a scooter towards Podalakur side. At about 2 PM,
P.W.9, who was in search of his two missing buffaloes which
were lost one month back, saw three persons getting down from H
~

'
880 SUPREME COURT REPORTS [2008) 11 S.C.R. ~
"(
A the scooter at a place called "GuruThippa" which is at a dis-
tance of two kilometers from Podalakur road. P.W.9 asked them
-·
as to why they came there leaving the main road. One of them
replied that they came for collecting some medicinal leaves.
Then PW-9 left the place. One hour later while he was search-
B ing for his buffaloes at a distance of ten baras from the place
where he first saw the boys together, he saw only two boys were 'f
going on the scooter. He went to the top of Guru Thippa and
found some smoke and got suspicion and returned to his vii- ~--

lage. As the deceased did not return from the college till 3 PM, '
c P.W.1 went in search of him. P.W.7, a tailor, informed him that ·
he found three persons including the deceased going on a grey
colour scooter towards Podalakur and the deceased was sit-
ting in the middle of the scooter. On 12-3-1999, at about 12.15
PM P.W.1 went to IV Town Law and Order Police Station, Nellore
and submitted a written report to P.W.23, who registered the
D
same as in Cr.No.27/99 under "Boy Missing" and issued, FIR
covered under Ex.P-43. He took up investigation and recorded
the statements of PWs 2, 4 and 17 and examined P.W.7 on 15-
3-1999. On 24-3-1999 at about 1-30 PM, P.W.23, arrested A-1
and interrogated him in the presence of P.W.11. Then A-1 lead- ~'
i= to Ayyappa temple and pointed out A-2. P.W.23 arrested A-2 in >
I
the presence of P.W. 11. Thereafter A-1 and A-2 took P.W.23
and PW.11 to Guruthippa where they found remains of a skel-
eton scattered here and there, due to the eating away by some
'--
animals. He also found burnt shoes, burnt wrist watch, spec-
F tacles with gold frame and burntbanian covered under M.Os.1
to 4. He collected all the bones. Meanwhile P.W.1 came to the x
scene and identified M.Os.1 and 2. P.W.23 prepared observa-
tion report covered under Ex.P-44 and held inquest over the
skeleton remains in the presence of P.W.1 and Ex.P-45 is the
G inquest report. On receipt of observation report covered under
Ex.P-44, P.W.22, Head Constable, altered the sections of law
from "Boy Missing" to Sections 364, 302, 404, 201 r/w 109 IPC.
P.W.24, Inspector of Police, who took up further investigation, 1'
........

on 23-5-1999 visited the scene of offence and prepared scene
H of offence panchanama covered under Ex.P-12. He arrested
I. RAVINDRA REDDY v. SHAIK KHADER 881
MASTHAN & ORS. [DR. ARIJIT PASAYAT, J]

A-3 on 27-3-1999, and examined P.Ws.8 and 9 and recorded A
their statements on 28-3-1999. He also examined P.W.10 and
P.W.5 and recorded their statements on 29.3.1999 and
30.3.1999 respectively. He interrogated A-1 and in pursuance
of his confession, knives (M.Os. 7 and 8) were recovered from
the house of A-3 apart from seizing Bajaj scooter from the house B
of A-1 andA-3. Pursuant to the confession of A-2, shirt (M.0.10)
and gold chain (M.0.6) were recovered under Ex. P.16
panchnama. PW-18 who is a Judicial First Class Magistrate,
Nellore, conducted test identification parade on 22.5.1999 and
deposed that PW-8 identified A-2 but could not identify A-1 and c
PW-9 identified A-1 and A-2. On receipt of the reports from the
Forensic Medicine, S.V. Medical College, Tirupathi and Foren-
sic Science Laboratory, Hyderabad and after completion of the
investigation, PW-24 laid the charge sheet for the offences as
noted above. As accused persons abjured guilt trial was held.
0
The trial Court found the evidence of PW-9 to be cogent
and credible and applying the principles of last seen found A-1
and A-2 guilty. The High Court however by a practically cryptic
order allowed the appeal. It observed that the main evidence
was of recovery and therefore the chain of circumstances to · E
establish the guilt of the accused was not complete.
4. In support of the appeal, learned counsel for the appel-
lant submitted that the High Court by a cryptic order directed
acquittal overlooking the detailed discussion made by the trial
Court to find A-1 and A-2 guilty. F

5. Learned counsel forthe accused on the other hand sup-
ported the judgment.
6. At this juncture, it is to be noted that learned counsel for
the State supported the stand of the appellant and prayed that G
the judgment of the trial Court is to be restored.
7. PW-9 deposed that at about 2.00 p.m. on the date of
occurrence while he was going in search of his two buffaloes
which were lost one month back he saw three persons getting H
882 SUPREME COURT REPORTS [2008] 11 S.C.R.

A down from a scooter at a place called "Guru Thippa". When he
asked them as to why they came there leaving the main road,
one of them replied that they came for collecting some medici-
nal leaves. Thereafter, he left that place. He further deposed
that after about one hour while he was searching for buffaloes
B at a distance of ten baras from the place where he first saw the
boys, he saw only two boys were going and found some smoke
and got suspicion about the matter and returned to the village.
8. It has been consistently laid down by this Court that
where a case rests squarely on circumstantial evidence, the
C inference of guilt can be justified only when all the incriminating
facts and circumstances a'te found to be incompatible with the
innocenGe of.the accused or the guilt of any other person. (See
Hukam Singh v. State of Rajasthan AIR (1977 SC 1063); Eradu
and Ors. v. State of Hyderabad (AIR 1956 SC 316);
D Earabhadrappa v. State of Karnataka_(AIR 1983 SC 446); State
of UP v. Sukhbasi and Ors. (AIR 1985 SC 1224); Ba/winder
Singh v. State of Punjab (AIR 1987 SC 350); Ashok Kumar
Chatterjee v. State of M.P (AIR 1989 SC 1890). The circum-
stances from which an inference as to the guilt of the accused
E is drawn have to be proved beyond reasonable doubt and have
to be shown t~ be closely connected with the principal fact
sought to be inferred from those circumstances. In Bhagat Ram
v. State of Punjab (AIR 1954 SC 621 ), it was laid down that
where the case depends upon the conclusion drawn from cir-
F cumstances the cumulative effect of the circumstances must be
such as to negative the innocence of the accused and bring the
offences home beyond any reasonable doubt.
9. We may also make a reference to a decision of this
Court in C. Chenga Reddy and Ors. v. State of A.P. (1996) 10
G SCC 193, wherein it has been observed thus:
"In a case based on circumstantial evidence, the settled
law is that the circumstances from which the conclusion of .•
guilt is drawn should be fully proved and such
circumstances must be conclusive in nature. Moreover, all
H
I. RAVINDRA REDDY v. SHAIK KHADER 883
y
MASTHAN & ORS. [DR. ARIJIT PASAYAT, J]

the circumstances should be complete and there should A
be no gap left in the chain of evidence. Further the proved
circumstances must be consistent only with the hypothesis
of the guilt of the accused and totally inconsistent with his
innocence .... ".
10. In Padala Veera Reddy v. State of A.P and Ors. (AIR B
1990 SC 79), it was laid down that when a case rests upon
circumstantial evidence, such evidence must satisfy the follow-
ing tests:
"(1) the circumstances from which an inference of guilt is c
sought to be drawn, must be cogently and firmly
established;
(2) those circumstances should be of a definite tendency
unerringly pointing towards guilt of the accused;
D
(3) the circumstances, taken cumulatively should form a
chain so complete that there is no escape from the
conclusion that within all human probability the crime
was committed by the accused and none else; and
(4) the circumstantial evidence in order to sustain E
conviction must be complete and incapable of
explanation of any other hypothesis than that of the
guilt of the accused and such evidence should not
only be consistent with the guilt of the accused but
should be inconsistent with his innocence. F
11. In State of U.P v. Ashok Kumar Srivastava, (1992
Crl.LJ 1104), it was pointed out that great care must be taken in
evaluating circumstantial evidence and if the evidence relied
on is reasonably capable of two inferences, the one in favour of
the accused must be accepted. It was also pointed out that the G
circumstances relied upon must be found to have been fully es-
tablished and the cumulative effect of all the facts so established
must be consistent only with the hypothesis of guilt.

12. Sir Alfred Wills in his admirable book "Wills' Circum- H
884 SUPREME COURT REPORTS [2008] 11 S.C.R.
'i
"I
A stantial Evidence" (Chapter VI) lays down the following rules
specially to be observed in the case of circumstantial evidence:
(1) the facts alleged as the basis of any legal inference must be
clearly proved and beyond reasonable doubt connected with
the factum probandum; (2) the burden of proof is always on the
B party who asserts the existence of any fact, which infers legal
accountability; (3) in all cases, whether of direct or circumstan-
tial evidence the best evidence must be adduced which the
nature of the case admits; (4) in order to justify the inference of
guilt, the inculpatory facts must be incompatible with the inno-
c cence of the accused and incapable of explanation, upon any
other reasonable hypothesis than that of his guilt, (5) if there be
any reasonable doubt of the guilt of the accused, he is entitled
as of right to be acquitted".
13. There is no doubt that conviction can be based solely
D on circumstantial evidence but it should be tested by the touch-
stone of law relating to circumstantial evidence laid down by
the this Court as far back as in 1952. "'<

14. In Hanumant Govind Nargundkar and Anr. V State of
Madhya Pradesh, (AIR 1952 SC 343), wherein it was observed
E thus:
"It is well to remember that in cases where the evidence
is of a circumstantial nature, the circumstances from which
the conclusion of guilt is to be drawn should be in the first
F instance be fully established and all the facts so
established should be consistent only with the hypothesis
of the guilt of the accused. Again, the circumstances should
be of a conclusive nature and tendency and they should
be such as to exclude every hypothesis but the one
proposed to be proved. In other words, there must be a
G
chain of evidence so far complete as not to leave any
reasonable ground for a conclusion consistent with the
innocence of the accused and it must be such as to show
that within all human probability the act must have been
done by the _accused."
H
I. RAVINDRA REDDY v. SHAIK KHADER 885
MASTHAN & ORS. [DR. ARIJIT PASAYAT, J]

15. A reference may be made to a later decision in Sharad A
Birdhichand Sarda v. State of Maharashtra, (AIR 1984 SC 1622).
Therein, while dealing with circumstantial evidence, it has been
held that onus was on the prosecution to prove that the chain is
complete and the infirmity of lacuna in prosecution cannot be cured
by false defence or plea. The conditions precedent in the words B
of this Court, before conviction could be based on circumstantial
evidence, must be fully established. They are:
(1) the circumstances from which the conclusion of guilt
is to be drawn should be fully established. The
circumstances concerned 'must' or 'should' and not C
'may be' established;
(2) 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
0
hypothesis except that the accused is guilty;
(3) the circumstances should be of a conclusive nature
and tendency;
(4) they should exclude every possible hypothesis except E
the one to be proved; and
(5) 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 F
• have been done by the accused.
16. These aspects were highlighted in State of Rajasthan
v. Rajaram (2003 (8) SCC 180), State of Haryana v. Jagbir
Singh and Anr (2003 (11) SCC 261) and Kusuma Ankama
Rao v State of A.P. (Criminal Appeal No.185/2005 disposed of G
on 7.7.2008)
17. So far as the last seen aspect is concerned it is nec-
essary to take note of two decisions of this court. In State of
U.P v. Satish [2005 (3) sec 114] it was noted as follows:
H
886 SUPREME COURT REPORTS [2008] 11 S.C.R.

A "22. The last seen theory comes into play where the time-
gap between the point of time when the accused and the
deceased were seen last alive and when the deceased is
found dead is so small that possibility of any person other
than the accused being the author of the crime becomes
8 impossible. It would be difficult in some cases to positively
establish that the deceased was last seen with the accused
.,
when there is a long ·gap and possibility of other persons
coming in between exists. In the. absence of any other
positive evidence to conclude .that the accused and the
c deceased were last seen together, it would be hazardous
to come to a conclusion of guilt in those cases. In this
case there is positive evidence that the deceased and the
accused were seen together by witnesses PWs. 3 and 5,
in addition to the evidence of PW-2."
D 18. In Ramreddy Rajesh Khanna Reddy v. State of A.P
[2006 (1 O) sec 172] it was noted as follows:
"27. The last-seen theory, furthermore, comes into play
where the time gap between the point of time when the
accused and the deceased were last seen alive and the
E deceased is found dead is so small that possibility of any
person other than the accused being the author of the
crime becomes impossible. Even in sl'.lch a case the courts
should look for some corroboration".

F (See also Bodhraj v. State ·of J&K (2002(8) SCC 45).)"
>
19.Asimilarviewwas also taken in Jaswant Girv. State of
Punjab [2005(12) SCC 438] and Kusuma Ankama Rao's case
(supra) .
. 20. It is to be noted that PW-5 stated that A-1 had pur-
G
chased two knives which were seized by PW-24 covered un-
der M.Os.7 and 8. The High Court took exception to the fact
that when PW-5 produced a duplicate bill to the police, the in-
vestigating officer did not produce the original in the Court. It is
not understood as to how that the duplicate becomes irrelevant.
H
I. RAVINDRA REDDY v. SHAIK KHADER 887
MASTHAN & ORS. [DR. ARIJIT PASAYAT, J]

The High Court has not indicated any reason whatsoever as to A
why he found the evidence of PW-9 to be not acceptable or as
to why the chain of circumstances highlighted by the prosecu-
tion did not unerringly point at the accused persons to be guilty
as the authors of the crime. PW-9 identified A-1 and A-2 at the
Test Identification Parade. His evidence regarding identifica- B
., tion has remained unshaken.
21. In view of what has been stated above, the judgment
of the High Court is clearly indefensible and is set aside and
that of the trial Court is restored. The respondents 1and2 shall
surrender to custody forthwith to serve the remainder of sen- C
tence.
22. The appeal is allowed.
K.K.T. Appeal allowed.
D