Cal HC junks plea to reduce sentence in 1998 Malda murder

Kolkata: The Calcutta High Court on Tuesday upheld the life sentences of three men convicted of a 1998 murder in Malda, while noting that two of the appellants are now in their eighties—one suffering from Alzheimer’s disease and the other partially blind after multiple cataract surgeries.

The bench of Justices Rajasekhar Mantha and Ajay Kumar Gupta court rejected their plea for a lighter sentence but directed the jail authorities to ensure they receive all medical facilities available under prison rules.

The case dates back to January 29, 1998, when a village salish was called at the home of Chand Miya to settle a complaint involving the snatching of a bicycle and Rs 800. The court noted that 14 men arrived at the meeting armed with sharp agricultural tools such as ‘ballam’, ‘sulpi’ and ‘hasua’, as well as bows, arrows and sticks. Seeing them approach, the victims were advised to leave and took shelter in the house of a neighbour, Ramakanta Rabidas, bolting the door from inside.

According to the witnesses whose accounts were accepted by the court, the armed group surrounded the house. Some climbed onto the roof and removed tiles to enter, while others broke open the main door. Inside, they attacked the occupants. Akalu Mondal was found dead with multiple injuries. Three others — Mohilal, Bijoy and Swapan — were seriously hurt. Villagers later tried to take the injured and the body towards a local health centre, which explained why the inquest report mentioned the body being found some distance from the house.

The High Court held that the eyewitness accounts were consistent and supported by the recovery of blood-stained earth, broken tiles and weapons from the spot. It observed that the way the attackers forced their way into the house showed they had come prepared to cause fatal injuries. The Bench dismissed defence arguments about contradictions in the evidence and claims that the accused had not been properly examined during trial.

Upholding convictions for murder, unlawful assembly and related offences, the court said the nature of the crime did not justify any reduction of sentence. It ordered the trial court to ensure that the convicts surrender immediately and directed the correctional home to provide the elderly prisoners with all required medical care.