Calcutta HC acquits man in 2014 Malda murder, flags probe lapses

Kolkata: The Calcutta High Court has overturned the conviction and life sentence of Ram Mandal, who had been found guilty of murdering Panchanan Mandal in Malda in 2014.

The bench of Justice Rajarshi Bharadwaj and Justice Apurba Sinha Ray ordered his immediate release, citing major contradictions in evidence and serious lapses in investigation.

According to the prosecution, Ram Mandal attacked Panchanan Mandal with an iron rod near a temple in Balupur and later attempted to fire at him with an improvised gun, sustaining a gunshot injury himself. The victim died the following day while being taken for treatment. Villagers later apprehended the accused, and police claimed to have recovered the weapons from his house.

While reviewing the trial court’s findings, the High Court observed that several witnesses who later described themselves as direct eyewitnesses had not said so in their initial statements to the police. These inconsistencies, the judges noted, were not minor but affected the core of the prosecution’s case.

The court also highlighted multiple shortcomings in the investigation. The investigating officer failed to examine key local residents who lived near the place of occurrence, did not clarify how the appellant sustained his gunshot wound, and neglected to send the seized iron rod and firearm for forensic analysis. In addition, the seizure of weapons from the accused’s house lacked proper documentation and verification.

The judges pointed out that the autopsy report suggested the injuries on the victim could have been caused by more than one person, raising doubts about the claim of a single assailant. They further noted that the sketch map did not support one witness’s account of having clearly seen the assault from her residence.

Stating that the prosecution had failed to establish guilt beyond reasonable doubt, the bench ruled that the benefit of doubt must go to the accused. It directed that Ram Mandal be released immediately unless wanted in any other case and asked that the trial court records be returned for compliance.