Chain of Circumstances Broken Beyond Repair: Calcutta High Court Acquits Two in Axe-Murder Case

“Mere suspicion, however strong, cannot take the place of proof” — Calcutta High Court overturned the conviction and life sentence of Haradhan Mondal @ Haru @ Naru and a co-accused for the killing of Pratap Mondal, ruling that the prosecution’s case was riddled with contradictions, weak links, and hostile witnesses.

A Division Bench of Justice Partha Sarathi Chatterjee and Justice Prasenjit Biswas, deciding Criminal Appeal, found the trial court’s reliance on the “last-seen” theory, an alleged recovery of a tangi (axe) from a pond, and a narrative of prior enmity to be unsustainable in law.

According to the prosecution, the accused nursed old animosity against the victim, were last seen with him, and later led police to the recovery of the murder weapon. But the Court noted that the crucial “last-seen” witness (PW-4) had contradicted his earlier statement and could not be relied upon without corroboration. “The time gap between the alleged sighting and the discovery of the body was significant,” the Bench pointed out, adding that such evidence “is insufficient on its own to complete the chain of circumstances.”

The weapon recovery fared no better under scrutiny. The tangi allegedly pulled from a pond at the accused’s instance bore no traces of blood and had no forensic link to the killing. Several key witnesses, including some who could have confirmed the enmity or presence of the accused, turned hostile.

Importantly, the Court found the supposed motive unproven: “Motive is always relevant in cases of circumstantial evidence, but here it was neither cogent nor convincing.”

Applying the test laid down in Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116, the Bench concluded that the prosecution had failed to establish a complete and unbroken chain leading only to the guilt of the accused. “The benefit of doubt must therefore go to the appellants,” the judgment declared.

With that, the Court set aside the judgment of conviction in Sessions Trial No. 1(4)/2016 dated 23 September 2021, ordered the appellants’ acquittal, and directed that they be released forthwith if not required in any other case.

Date of Decision: 30/07/2025