Case: Niranjan Panja Vs. State of West Bengal

A report came to be filed before the concerned Police Station by one Tapan Kumar Samanta, who was the son of the victim, Haripada Samanta, that his father was killed and his body was lying in the narrow Khal. He reported that he found number of injuries caused by a heavy sharp cutting instrument on various parts of his body including head and neck. It was stated that in the morning of 13.12.1988 at about 7 a.m. he got the information about his fathers dead body lying in a narrow Khal. He stated that on the previous day in the morning his father had gone to Midnapore to look after the case of one Narayan Adhikari of their village and in the evening on that day he himself had talked to his father at Mahisadal. At that time, Niranjan Panja, Narayan Adhikari, Sudhir Maity and Nirode Kanta Bera were with him. It was claimed that he came to know that on the previous night at about 9 p.m. his father consumed liquor with accused Niranjan Panja and Narayan Adhikari in the liquor shop of one Bholanath Pal and, thereafter, the said three persons came through the village pathway and while Narayan Adhikari went towards his house, his father and Niranjan Panja went back to their homes. However, Haripad Samanta did not return home. On the basis of this complaint, investigation was taken up by the In-charge of the said Police Station, Shri T.K. Tas, Sub-Inspector of Police.3. The police also came to know during the investigation that there was some rivalry between the deceased and the accused Niranjan Panja as the deceased had stopped looking after the cases of Niranjan Panja for the last 5-6 months on which Niranjan Panja used to speak against the deceased. The prosecution case is that it was on account of this that the accused had committed the murder. The prosecution examined number of witnesses including the complainant son. They were Ram Chand Bar (PW-2), Narayan Das Adhikari (PW- 3), Ranjit Samanta (PW-4), Sunil Kumar Samanta (PW-5), Kanai Lal Das (PW-6), Paresh Das Adhikari (PW-7), Smt. Sita Samanta (PW- 8), Rabindra Rana (PW-9), Amarendra Seth (PW-10), Dr. Ardhendu Bikas (PW-11) the medical officer, Hare Krishna Pramanik (PW-12) and Shri Tarun Kumar Das (PW-13). The case proceeded only on the circumstantial evidence as there was no eye witness. The defence was that of denial. The defence pointed out that there were major discrepancies in the prosecution evidence like the so-called weapon Siuli Katari was never produced before the Court and the necessary witnesses were also not examined.

Reasoning: 9. We have already pointed out as to how thecircumstances were totally innocuous or suspicious.10. On this backdrop, we will first go to the question of motive which has not been considered by the High Court at all. Themotive as deposed by,Tapan Kumar was that the accused Niranjan Panja used to speak against his father after his father stopped looking after his litigation. It appears that the deceased used to look after the litigation of number of persons and that was probably his profession. We do not think that merely because the deceased had stopped looking after the litigation of the accused, the accused had any strong motive much less to commit murder of the deceased. Motive is an important circumstance in the prosecution which is based on circumstantial evidence. However, we do not see any such strong motive on the part of the appellant. We, therefore, reject the theory that there was any motive much less any strong motive on the part of the accused so as to commit the murder of the deceased.11. In his evidence,Tapan Kumar had suggested that on the fateful day in the evening he saw his father at the tea stall of one Gautam Manna along with Niranjan Panja (accused), Narayan Adhikari, Sudhir Maity and Nirode Kanta Bera etc. Most of these witnesses, barring Narayan Adhikari, have not been examined in this case. Again, it will be very inconsequential even if the accused was in the company of the deceased as there were number of other persons also who were having tea. Tapan Kumar Samantathen said that he learnt from Narayan Adhikari that, thereafter, all of them went to the liquor shop and took liquor. We do not know as to how this evidence was allowed to be recorded because it is clearly inadmissible. The claim of Tapan Kumar Samanta that accused Niranjan Panja had come to his house, and advised him to lodge a complaint against Haripada Panja and Abinash Panja was also extremely suspicious as there was hardly any corroboration to this claim. This witness also identified the blood stained dhoti and gangi baniyan.12. The second witness was Ram Chand Barwho was a gate keeper in the Gram Panchayat. There is hardly anything in his evidence which is incriminating except that he had seized clothes from the dead body.Naryan Das Adhikari spoke about the deceased, himself and the accused being there and their consuming liquor at Bholanath Pals liquor shop. He, however, claimed that at about 9 p.m. he parted way and proceeded towards left and Haripada and Niranjan proceeded towards right i.e. towards Sarberia. It means that he was also in the company of the deceased till 9 p.m. He had not stated about their taking liquor in his police statement which he had accepted. He admitted that he and Haripada got down from the bus at Mahisadal on return from Midnapore. He also admitted that nobody had witnessed that he had parted company from Haripada and Niranjan at 9 p.m. on 12.12.1988. He could not even tell as to how far Haripada and Niranjan went together. He admitted that he parted way at a spot in Ghagra Mouza. He further stated that the house of the deceased was barely five minutes walk away from that spot while the accuseds house was about half a mile. It was also in the vicinity of the village itself. The evidence of this witness would be of no consequence, particularly, because the prosecution in this case has not fixed the time of death and there is no evidence led to that effect. Where the prosecution depends upon the theory of `last seen together, it is always necessary that the prosecution should establish the time of death, which the prosecution has failed to do in this case. The evidence of Ranjit Samantaalso is of no consequence.13. Sunil Kumar Samantahowever, was a witness of discovery. He claimed that he went to the house of Niranjan Panja along with the Panchayat member, Harekrishna Pramanick, where the seizure of a chadar, a cloth and a side bag made of cotton was made. Accused Niranjan Panja had himself brought out those clothes and then accused led them to the stack of loose earth under the Banana tree by the side of canal and a Hansua was recovered where it was kept concealed. He had then claimed that a lady had brought out the weapon and the villagers informed them that she was the second daughter of Niranjan Panja. He did not even identify that lady. In hisit was suggested that two articles, namely, the clothes were seized from the house of accused Niranjan Panja. He admitted that he had gone to Thana for his personal business at aboutp.m. and, there he met the Investigating Officer. The accused Niranjan Panja was also there. Then he along with the Investigating Officer and accused Niranjan went to the house of Niranjan. He admitted that there was no other member of the public in the jeep. He had to admit in histhat he had not said to the Investigating Officer that as per the showing of the Niranjan, Hansua was recovered from beneath loose earth under the Banana tree. Therefore, this can hardly be an evidence of discovery. For effecting a discovery, a statement has to be recorded on the part of the accused showing his readiness to produce the material object and it is only the part of the statement which is not incriminating and leads to discovery which becomes admissible. The evidence of this witness does not inspire confidence and it is of no use, more particularly, because theHansua allegedly produced by the accused never saw the light of the day nor had the witness identified the same and the prosecution had also not given any explanation whatsoever about the disappearance of this weapon.14.Kanai Lal Das was declared hostile. Paresh Das Adhikaristated that he saw the deceased standing under a tree just by the side of the courtyard in front of his house and on being asked as to why he was standing there, the deceased said that the accused Niranjan had gone to Kanai Lal Dass house and since he was not on talking terms with Kanai Lal, he did not go along with the accused. He claimed that, thereafter, he went for answering the natures call and when he returned, he did not find Haripada there. The evidence of this witness does not inspire any confidence. Kanai Lal Das himself said that the accused did not go to meet him and nothing of this sort had ever happened. This witness was declared hostile.15. The evidence of Smt. Sita Samantais of no consequence because she did not know anything. However, the evidence of Rabindra Ranais very interesting. He had seen the accused sharpening the Hansua on the previous day. This could hardly be a circumstance to be viewed against the accused as the said Hansua has not seen the light of the day. Dr. Ardhendu Bikas Daswas the doctor who had neither seen the Siuli Katari nor had fixed the time of death in thereport. Hare Krishna Pramanikrefused that anything was seized by police from the house of Niranjan Panja in his presence. He was not even declared hostile. The Investigating Officers evidence too is of no consequence, particularly, because thetheory of discovery has been disbelieved by us. He had not even executed the spot Panchnama from where the so called Siuli Katari was allegedly procured by the accused.16. In short, there is hardly any evidence in this case much less a clinching one to believe the theory that the accused had committed the murder.