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by Admin
07 May 2024 2:49 AM
High Court dismisses appeal in wife’s murder case, affirms conviction under Sections 302 and 201 of IPC. The Calcutta High Court has dismissed the appeal of Jadav Sarkar, who was convicted for the murder of his wife, Kalpana Sarkar, upholding the trial court’s judgment. The bench, comprising Justices Soumen Sen and Uday Kumar, emphasized the significant role of circumstantial evidence and the absence of a plausible explanation by the accused under Section 106 of the Indian Evidence Act in affirming the conviction.
Jadav Sarkar was convicted for the murder of his wife, Kalpana Sarkar, whose body was found in a pond near their residence on May 22, 2007. Kalpana’s brother, Susanta Majumdar, filed a complaint alleging that Jadav, who had a history of physically and mentally torturing Kalpana, was responsible for her death. The prosecution argued that Kalpana was strangled by Jadav and her body was disposed of in the pond, while the defense claimed she accidentally drowned. The trial court convicted Jadav under Sections 302 (murder) and 201 (causing disappearance of evidence) of the Indian Penal Code (IPC).
The court found the medical evidence conclusive in establishing that Kalpana’s death was due to manual strangulation. “The post-mortem report and expert testimony unequivocally indicated that the cause of death was ante-mortem and homicidal in nature,” noted the bench. The injuries observed, including contusions and subluxation of the hyoid bone, were consistent with manual strangulation rather than accidental drowning.
The court emphasized the importance of circumstantial evidence, applying the principles outlined in Sharad Birdhichand Sarda v. State of Maharashtra. “The circumstances must form a complete chain pointing to the guilt of the accused beyond reasonable doubt,” the court reiterated. The prosecution established a motive, the last seen theory, medical evidence indicating homicide, and the accused’s failure to provide a satisfactory explanation.
The court stressed the application of Section 106, which shifts the burden of proof to the accused for facts within his special knowledge. “The accused’s inability to explain the circumstances of his wife’s death, especially within the privacy of their home, significantly bolsters the prosecution’s case,” the judgment stated. The court noted that the appellant’s inconsistent and insufficient explanations under Section 313 Cr.P.C further strengthened the inference of his guilt.
The judgment dissected the legal framework for evaluating circumstantial evidence and the role of the accused’s statements under Section 313 Cr.P.C. “The prosecution must prove all links in the chain of circumstances beyond reasonable doubt, and the failure of the accused to provide a credible explanation can be an additional link,” the court explained. The bench cited multiple precedents to reinforce its reasoning, including the principles from Hanumant v. State of Madhya Pradesh and Musheer Khan @ Badshah Khan & Anr. V. State of Madhya Pradesh.
Justice Soumen Sen remarked, “The ligature marks and the nature of injuries corroborated by medical evidence leave no room for the defense’s theory of accidental drowning.” He further noted, “The accused’s failure to explain the presence of his gamcha tied around the victim’s neck and his inconsistent statements are critical incriminatory factors.”
The Calcutta High Court’s dismissal of Jadav Sarkar’s appeal underscores the judiciary’s commitment to upholding convictions based on robust circumstantial evidence and the stringent application of Section 106 of the Indian Evidence Act. This judgment reinforces the legal precedent that in cases involving circumstantial evidence, the accused’s silence or inadequate explanation can significantly impact the outcome. The court’s detailed legal reasoning and reliance on established principles ensure that the conviction serves as a strong precedent in similar cases.
Date of Decision: July 02, 2024
Jadav Sarkar vs. State of West Bengal
