Raghuvendra Versus State of M.P.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPEALLATE JURISDICTION

CRIMINAL APPEAL NO. 2371 OF 2010

Raghuvendra ..Appellant

Versus

State of M.P. ..Respondent

The two principal grounds on which the conviction of Raghuvendra and his uncle was based were the statement of Guddi Bai (PW-13), Sadhana (PW-14) as well as the medical evidence. The learned Additional Sessions Judge concluded that there was no reason to disbelieve Guddi Bai and Sadhana and he was of the opinion that based on their statement, the recovery of articles belonging to the deceased at the instance of Raghuvendra and his uncle and on the basis of the ‘last seen theory’, there was sufficient circumstantial evidence to convict them. Feeling aggrieved by the judgment and order of the learned Additional Sessions Judge, Raghuvendra and his uncle preferred an appeal in the High Court of Madhya Pradesh which came to be dismissed by the judgment and order under appeal. The High Court examined the record of the case and also found that there was no reason to disbelieve Guddi Bai and Sadhana. Both witnesses knew Raghuvendra and his uncle quite well since they were frequent visitors to their house. The High Court also came to the conclusion that the ‘last seen theory’ was applicable to the facts of the case since Raghuvendra and his uncle had visited the house of the deceased on 9th February, 1998, stayed overnight and left with him for Bilaspur in the morning on 10th February, 1998. It is soon thereafter that the dead body of Bhagwan Singh was recovered from the fields of Gulab Ahirwar (PW-3) though it was not immediately identified. These facts coupled with the recovery of certain articles belonging to the deceased at the instance of Raghuvendra and his uncle were relied upon by the High Court to confirm their conviction….read more