Calcutta High Court convicts five in woman's murder case, overturns acquittal

MP, July 18, 2026, Kolkata ; Holding that the trial court had overlooked crucial medical evidence and wrongly rejected the testimony of a child eyewitness, the Calcutta High Court has overturned the acquittal of five accused in the murder of a woman who was allegedly assaulted and forcibly administered poison inside her matrimonial home.

A Division Bench of Justices Rajasekhar Mantha and Rai Chattopadhyay observed that the trial court's conclusion that the victim had suffered no injuries was contrary to the autopsy report, which recorded multiple bruises, nail scratches and injuries consistent with assault and restraint.

The Bench said these findings supported the account of the couple's minor son, who witnessed the incident.

The case relates to the death of a woman in South 24 Parganas in July 2006.

According to the prosecution, she was subjected to repeated cruelty over a demand for Rs 50,000 from her parental family.

On the night of the incident, her husband allegedly assaulted her before forcing poison into her mouth with the help of other family members.

Relatives who reached the house after receiving a phone call found her lying on the verandah with froth around her mouth and alleged they were initially prevented from taking her to hospital.

The court held that the child's testimony could not be discarded merely because his statement was recorded after some delay or because he later lived with his maternal relatives.

It observed that a child who witnesses the violent death of a parent is himself a victim and his evidence must be assessed in that context.

The Bench further observed that when a crime occurs inside a matrimonial home and the prosecution establishes the presence of the accused with the victim, they are expected to explain the circumstances leading to the death.

The accused failed to do so.

Setting aside the acquittal, the High Court convicted the husband of murder and cruelty to his wife, while the four surviving co-accused were convicted of murder with common intention.

All five were sentenced to life imprisonment with a minimum of 24 years' actual imprisonment before remission can be considered.

They have been directed to surrender before the trial court within three weeks, failing which coercive steps will follow.