HC acquits man serving life for ‘matricide’
Kolkata: The Calcutta High Court has acquitted a man convicted of murdering his mother, citing serious procedural irregularities and lapses during the trial.
The Division Bench comprising Justice Rajarshi Bharadwaj and Justice Apurba Sinha Ray set aside the conviction and ordered the immediate release of Srikanta Baskey, who had been serving a life sentence since 2018. The case involved the death of Shantimoni Baskey, who was allegedly killed by her son Srikanta in Purulia’s Puncha area on August 13, 2017. The trial court in Purulia had convicted Srikanta, largely relying on the testimony of a single eyewitness, Jamuna Hembram, a neighbour. The High Court noted that while a conviction can be sustained on the evidence of a sole witness, greater caution is needed where prior enmity exists between the witness and the accused. In this case, the court observed that the eyewitness belonged to a family whose member had earlier been accused by the deceased in connection with the murder
of her husband. The court expressed concern over the conduct of the trial, stating that the Sessions Judge had shown “unnecessary haste” in recording depositions.
It was observed that several important materials, including the autopsy report and seizure documents, were not properly put to the accused during his examination under Section 313 of the CrPC. The court described the questioning as “cryptic” and not in conformity with fairtrial standards.
The judgment also pointed out irregularities in the recovery of the alleged murder weapon. Although an axe was seized during investigation and said to contain bloodstains, no forensic report was produced in court. Furthermore, the weapon was not recovered from the possession of the accused or any area under his control and the police failed to establish the chain of custody or produce a legally admissible recovery statement.
Setting aside the trial court’s conviction order, the bench ordered that Srikanta Baskey be released immediately if not wanted in any other case.
The court directed that a copy of the judgment be sent to the concerned trial court for necessary compliance.