In a significant ruling, the Calcutta High Court has overturned the life sentences awarded to a group of in-laws convicted for the alleged burning death of a married woman in Purba Medinipur. The Division Bench found that the prosecution failed to prove its case beyond reasonable doubt and pointed to major lapses in investigation, medical evidence, and the handling of child witnesses.
Background of the Case
The case arose from an incident dated May 3, 2012, where a woman sustained severe burn injuries at her matrimonial home and later died. Her in-laws were charged under Section 498A (cruelty) and Section 302 (murder) of the Indian Penal Code, both read with Section 34 for common intention.
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In 2016, a sessions court at Tamluk convicted all accused, sentencing them to life imprisonment for murder along with a separate sentence for cruelty. The accused challenged this verdict before the High Court.
The prosecution alleged that the in-laws poured kerosene on the victim and set her on fire over a demand of ₹25,000. However, the High Court noted that the victim had been married for over 14 years and was living separately from her in-laws for more than a decade - facts that weakened the prosecution’s theory from the outset.
The victim’s father, who lodged the complaint, was not present at the scene and admitted he reached the spot later. Crucially, a key relative who allegedly informed him about the incident was never examined in court.
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Court’s Observations on Evidence
The Bench Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta expressed serious concern over the way child witnesses were examined during trial. One of the key witnesses was only eight years old at the time of deposition.
“The trial court failed to properly test whether the child understood the duty of speaking the truth,” the Bench observed, noting that the preliminary questions asked to assess the child’s competence were neither recorded nor adequate.
The judges also found contradictions between two child witnesses on vital aspects, including whether the victim’s hands were tied with a saree or a rope. Medical evidence did not support either version conclusively.
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The post-mortem doctor was unable to say whether the death was homicidal, as crucial material like the victim’s burnt clothing was not shown to him. Adding to the doubt, hospital records from two medical facilities where the victim was taken were never produced or proved during trial.
The court also took note of the delay in forwarding the FIR to the magistrate and the fact that the inquest report did not name any of the accused, despite being prepared after the incident.
“This omission strikes at the root of the prosecution case and casts doubt on the authenticity of the FIR itself,” the Bench remarked, relying on settled Supreme Court precedent.
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Final Decision
After examining the entire chain of circumstances, the High Court concluded that the prosecution story appeared to be an afterthought and was riddled with inconsistencies.
“The prosecution has failed to establish the culpability or participation of the appellants even remotely, much less beyond reasonable doubt,” the court held.
Accordingly, the conviction and sentences were set aside. All appellants were ordered to be released forthwith, subject to statutory bond conditions under Section 437A of the Code of Criminal Procedure.
Case Title: Sk. Morsed Ali & Others vs The State of West Bengal
Case Number: C.R.A. 130 of 2016
