Calcutta HC Upholds Life Sentences in 2009 Birbhum Murder, Validates Eyewitness Testimony

Soumyadip Mullick, MP, 29 Sept 2025, Kolkata: The Calcutta High Court has upheld the life sentences of four men convicted of murdering a farmer in Birbhum, ruling that weapons recovered at the accused's instance can be accepted as evidence, even if formal paperwork is missing, as long as reliable witnesses testify to the recovery.

A Division Bench of Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta dismissed the appeals filed by Mekail Mondal, Shahjahan Mondal, Ismail Mondal, and Fateh Ali Mondal, who were sentenced to life imprisonment for hacking the victim to death in his mango orchard in May 2009. A fifth accused, Israfil Mondal, remains absconding.

The judges noted that while the defense had questioned the absence of detailed recovery memos, this did not weaken the case, as local residents had testified in court confirming that the accused pointed out the places where the blood-stained weapons were found. “Courts must look at the larger picture and not insist on mechanical formalities when there is clear witness support,” the Bench stated.

According to the prosecution, the victim was attacked with a kodal (a heavy agricultural tool) and a shabol (a large sickle) while working in his orchard. His wife and sister, who were present, testified that the accused repeatedly struck him on the head and neck. Other relatives who arrived later corroborated their accounts.

An autopsy confirmed eight serious injuries, including skull fractures and "extrusion of brain matter through wounds." The court rejected the defense’s claim that the injuries were caused by trees falling during Cyclone Aila, concluding that the wounds were “consistent only with a deliberate assault.”

The Bench also dismissed arguments about a defective investigation, including the failure to send seized articles for forensic testing. The judges emphasized that such lapses by the police could not overshadow the strong eyewitness testimony and medical evidence. “The statements of simple village witnesses, if natural and consistent, cannot be thrown out merely because every detail was not written down in the FIR,” the court noted.                                                                                                                                    

Directing that the conviction and sentence remain unchanged, the High Court ordered the trial records to be returned and allowed urgent certified copies of its ruling to be issued if sought.