The Calcutta High Court has set aside a murder conviction in a nine-year-old case from Cooch Behar, holding that the prosecution failed to prove its case beyond reasonable doubt. A Division Bench observed that strong suspicion, however compelling, cannot take the place of legal proof in criminal trials.
The court allowed the appeal filed by Shibu Barman alias Kubal, who had been convicted in 2020 for the murder of his wife under Section 302 of the Indian Penal Code.
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Background of the Case
The case dates back to February 17, 2017, when the body of a 35-year-old woman was found in an agricultural field in Dinhata, Cooch Behar district. The woman was later identified as the wife of the appellant.
Based on the condition of the body, police registered a murder case against unknown persons. During investigation, the husband was arrested and later charged with murdering his wife by strangulation. The trial court relied mainly on circumstantial evidence, alleged domestic cruelty, and an extra-judicial confession to convict him in November 2020.
Aggrieved by the conviction, the accused moved the High Court in appeal.
Arguments Before the Court
Counsel for the appellant argued that the prosecution’s case was riddled with gaps. It was pointed out that although the deceased was allegedly last seen with the accused on the morning of February 16, the post-mortem suggested death occurred much later, creating a significant time gap.
The defence also questioned the reliability of the “last seen together” theory and highlighted that the alleged confession was made while the accused was in police custody, making it legally weak. Several key witnesses, including a woman named Malati Barman-whom the couple was supposedly visiting-were never examined.
On the other hand, the State argued that the case showed a pattern of domestic cruelty culminating in murder. Prosecutors relied on testimonies of family members and minor children, medical evidence of strangulation, and the conduct of the accused after the incident.
Court’s Observations
After examining the entire record, the Bench found that the prosecution failed to establish a complete chain of circumstances.
The judges noted that although allegations of past torture were made by family members, there was no documentary proof such as medical records, prior complaints, or independent witnesses to support those claims.
On the “last seen together” theory, the court observed that the time gap between when the couple was allegedly seen together and when the body was found was too long to draw a firm conclusion.
“The circumstance of last seen together, by itself, is a weak piece of evidence and cannot form the sole basis of conviction,” the Bench observed.
The court also expressed serious doubts over the extra-judicial confession. It pointed out that the police officer before whom the confession was allegedly made was not examined, and the confession did not lead to the discovery of any new incriminating material.
The Bench further criticised the investigation for not sending crucial forensic evidence, including fingerprints and blood-stained soil, for examination.
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Decision
In its final ruling, the High Court held that the prosecution had failed to prove the guilt of the accused beyond reasonable doubt.
“Suspicion, however strong, cannot take the place of proof,” the court reiterated while overturning the conviction.
The appeal was allowed, the conviction and sentence were set aside, and the accused was acquitted of all charges. The court directed that he be released immediately, subject to compliance with legal formalities under Section 437A of the Code of Criminal Procedure.
Case Title: Shibu Barman @ Kubal vs State of West Bengal
Case No.: CRA 15 of 2021
Decision Date: 6 February 2026
