The High Court at Calcutta has upheld the life imprisonment of two men convicted for a fatal shooting that took place on the eve of the 2013 Panchayat elections in Birbhum district. Dismissing their criminal appeal, the court found the prosecution evidence reliable, particularly the oral dying declaration made by the victim moments after he was shot.
The judgment was delivered by a division bench after an extensive review of eyewitness testimony, medical evidence, and the legal principles governing dying declarations.
Background of the Case
The case arose from a late-night attack on July 22, 2013, when Sagar Ghosh was shot inside his home at Bandhnabagram village. The incident occurred hours before polling day, amid heightened political tension in the area.
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According to the prosecution, armed assailants knocked on the victim’s door claiming to be police personnel. When entry was denied, they jumped the boundary wall and fired through a grill gate. Ghosh sustained multiple gunshot injuries and later died during treatment.
In 2018, a sessions court convicted the two appellants for murder, house trespass, and offences under the Arms Act, sentencing them to life imprisonment. The convicts challenged this decision before the High Court.
The victim’s wife and daughter-in-law, who were present inside the house, testified that immediately after being shot, Ghosh shouted out the names of the two appellants. They stated that he pleaded with them not to fire further, clearly indicating that he had recognised his attackers.
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Although no written dying declaration was produced, multiple witnesses confirmed that the victim repeatedly named the appellants - at home, while being taken to hospital, and before police personnel.
Doctors who treated Ghosh deposed that although he was in severe pain, he remained conscious until surgery. Post-mortem findings confirmed that death was caused by bullet injuries.
Court’s Observations
The bench Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta rejected the defence argument that poor visibility or the victim’s medical condition made identification impossible. It noted that if the assailants could accurately target the victim, visibility was clearly sufficient for mutual recognition.
“The spontaneous utterance of names by a person immediately after being shot leaves no scope for fabrication,” the bench observed, adding that such statements form part of the same transaction and are admissible in law.
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The court also addressed investigative lapses, including delays and missing documents, but held that these deficiencies did not weaken the core prosecution case supported by consistent eyewitness and medical evidence.
Final Decision
Dismissing the appeal, the High Court upheld the conviction and life sentence imposed by the trial court. The bench also modified the compensation direction, ordering that the fine amount be equally shared between the victim’s wife and daughter-in-law.
“The conviction stands on firm legal footing,” the court said, directing the appellants to surrender and serve the remainder of their sentence.
Case Title: Sajal Kanti Roy @ Subrata @ Subho & Another vs State of West Bengal
