Supreme Court Upholds Conviction in West Bengal Murder Case

The Supreme Court of India recently dismissed the appeals of multiple accused convicted in a high-profile murder case in West Bengal. The case involved the brutal killing of a fish trader, which was allegedly carried out by a group of men who had been terrorizing the local market. The Court upheld the convictions under Section 302/34 of the Indian Penal Code (IPC) and rejected arguments about delays in witness statements.

Background of the Case

The prosecution alleged that the accused were known for intimidating and threatening fish traders in the region. Despite previous warnings and intervention from local authorities, the accused continued their unlawful activities.

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On May 8, 2011, the accused allegedly attacked the victim, Paritosh Dey, in front of the R.S.P. party office in Balurghat, West Bengal. The victim was assaulted with sharp weapons, and a firearm was used, resulting in his death. His brother, Ajoy Dey (PW1), lodged the FIR, leading to the registration of a case under Sections 302/120B IPC and Section 27(3) of the Arms Act.

Key Arguments by the Petitioners

The accused, including Goutam Joardar, Kartick Das, Shibu Kahar, and Raju Rabidas, challenged their convictions on the following grounds:

• There was a significant delay in recording the statements of the key witnesses (PW18 and PW19), making their testimonies unreliable.
• No direct evidence linked the accused to the crime, apart from the alleged witness statements.
• The prosecution failed to explain why the witnesses did not come forward immediately.

Key Arguments by the Respondents

The State of West Bengal, arguing against the appeals, made the following points:

• The delay in witness statements was due to the atmosphere of fear created by the accused.
• Once the accused were arrested, witnesses felt safe enough to testify.
• In addition to witness testimonies, there were material recoveries, including weapons, which corroborated the prosecution’s case.

Supreme Court’s Judgment

The Supreme Court upheld the conviction, emphasizing that:

• A delay in recording witness statements does not automatically discredit their testimonies if an explanation for the delay is reasonable.
• “The material on record definitely establishes the fear created by the accused. If the witnesses felt terrorized and frightened and did not come forward for some time, the delay in recording their statements stood adequately explained.”
• The eyewitness accounts of PW18 and PW19 were found to be credible, consistent, and trustworthy.
• There was no reason to interfere with the concurrent findings of the trial court and the High Court.

Conclusion

The Supreme Court’s decision reaffirms the principle that witness testimonies must be assessed based on their credibility rather than delays in reporting. The ruling serves as a precedent for cases where witness intimidation plays a significant role in delayed justice.

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Petitioner Name: Goutam Joardar, Kartick Das, Shibu Kahar @ Dodan @ Dhuma, Raju Rabidas @ Shera.
Respondent Name: State of West Bengal.
Judgment By: Justice Uday Umesh Lalit, Justice S. Ravindra Bhat, Justice Bela M. Trivedi.
Place Of Incident: Balurghat, West Bengal.
Judgment Date: 07-10-2021.

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