Murder Conviction Upheld: Supreme Court Rejects Appeal in West Bengal Case

The Supreme Court of India, in a recent judgment, upheld the conviction of Sk. Khabir in connection with a brutal murder case in West Bengal. The appeal, which challenged the findings of the Calcutta High Court and the trial court, was dismissed, reinforcing the conviction under Sections 148, 307/149, and 302/149 of the IPC.

Background of the Case

The case dates back to April 25, 1981, when the complainant (PW-1) and his brothers, Abdul Sayed and Narul Islam, returned to their village after being arrested in connection with a prior murder case. On their return, they were attacked by a mob, including the accused, who were armed with swords, spears, and lathis. This attack resulted in the death of the complainant’s brothers and severe injuries to the complainant himself.

Legal Proceedings

Trial Court Judgment

• In the initial trial, the accused, including Sk. Khabir, were convicted under Sections 148, 307/149, and 302/149 of the IPC.
• They were sentenced to life imprisonment along with fines.
• The conviction was challenged in the High Court.

High Court’s Ruling

• The High Court upheld the convictions but set aside the sentences for some accused.
• However, the conviction of Sk. Khabir and two other accused was maintained.
• The decision was challenged in the Supreme Court.

Key Arguments in the Supreme Court

Appellant’s Arguments

• The conviction was based on the testimony of related eyewitnesses, raising doubts about their impartiality.
• Two witnesses had turned hostile, which should have weakened the prosecution’s case.

Respondent’s Arguments

• The prosecution’s case was supported by medical evidence and eyewitness testimony.
• The post-mortem reports confirmed the nature of the injuries and the weapons used.
• Eyewitness accounts, including those of the complainant, were reliable and consistent.

Supreme Court’s Observations

The Supreme Court found no merit in the appellant’s arguments. The Court stated:

“The ocular evidence of the two eyewitnesses stands fully corroborated by the medical evidence, wherein it is proved that the accused persons used blunt and sharp weapons to cause injuries on the deceased persons and the complainant as well.”

Further, the Court noted that:

“The accused persons have not challenged the post-mortem examination reports of the victims during the cross-examination.”

Final Judgment

• The Supreme Court upheld the conviction of Sk. Khabir and dismissed the appeal.
• The Court stated that there was no reason to interfere with the well-reasoned orders of the High Court and the trial court.

Conclusion

This ruling reinforces the judicial principle that eyewitness testimony, when corroborated by medical and forensic evidence, is sufficient to convict an accused. It also highlights the judiciary’s commitment to ensuring that technical arguments do not override substantive justice.

Petitioner Name: Sk. Khabir.
Respondent Name: State of West Bengal.
Judgment By: Justice N.V. Ramana, Justice Mohan M. Shantanagoudar.
Place Of Incident: West Bengal.
Judgment Date: 10-10-2018.

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