Kolkata: The Calcutta High Court has upheld the life sentences of four men convicted of murdering a farmer in Birbhum, ruling that weapons recovered at the accused’s instance can be accepted as evidence even if formal paperwork is missing—as long as reliable witnesses testify to the recovery.
A Division Bench of Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta dismissed the appeals filed by Mekail Mondal, Shahjahan Mondal, Ismail Mondal and Fateh Ali Mondal, who were sentenced to life imprisonment for hacking the victim to death in his mango orchard in May 2009. A fifth accused, Israfil Mondal, remains absconding.
The judges observed that while the defence had questioned the absence of detailed recovery memos, this did not weaken the case since local residents had appeared in court and confirmed that the accused pointed out the places where the blood-stained weapons were found.
“Courts must look at the larger picture and not insist on mechanical formalities when there is clear witness support,” the Bench said.
According to the prosecution, the victim was attacked with a ‘kodal’ and a ‘shabol’ while working in his orchard. His wife and sister, who were present, testified that the men repeatedly struck him on the head and neck. Other relatives rushed to the spot and corroborated their accounts.
An autopsy confirmed eight serious injuries, including skull fractures and “extrusion of brain matter through wounds.” The court rejected the defence claim that the injuries were caused by trees falling during cyclone Aila, holding that the wounds were “consistent only with a deliberate assault.”
The Bench also brushed aside arguments about defective investigation, such as the failure to send seized articles for forensic testing. It said such lapses by police cannot erase strong eyewitness testimony and medical evidence.
“The statements of simple village witnesses, if natural and consistent, cannot be thrown out merely because every detail was not written down in the FIR,” the court noted.
Directing that the conviction and sentence remain unchanged, the High Court ordered the trial records to be returned and allowed urgent certified copies of its ruling to be issued if sought.