Subhasish Mondal @ Bijoy vs State Of West Bengal

2. The facts of the case are stated in brief. The appellant, Subhasis Mondal was charged with the murder of his elder brother, Debasis Mondal and his mother, Bithika Mondal at their house in Kharagpur town, based on the FIR filed by one Srinivas Rao who used to reside in the quarter beside the quarter of the victims. The trial court found him guilty for the double murder of his brother and mother and sentenced him to imprisonment for life under Section 302 of the IPC. Against the judgment and order of the trial court, the appellant filed an appeal before the High Court pleading innocence and lack of evidence and prayed for reversal of the conviction and sentence. The High Court dismissed the appeal and upheld the verdict of the trial court. Being aggrieved by the judgment and order of the High Court, the appellant has filed the present appeal.

3. The prosecution case giving birth to the sessions trial was that the appellant, on the night of September 1, 2001, had allegedly killed both his elder brother and his mother at their railway quarter No.2 D/2, Old Settlement, Kharagpur Town and this fact of the gruesome murder of both the victims came to light when an FIR was lodged by one A. Srinivas Rao who was also a Railways Employee and who used to reside in the quarter just beside the quarter of the victims. Mr. Srinivasa Rao in his written complaint dated 1st September, 2001 alleged that he heard screaming sounds coming from the next door quarter and so he, along with his relatives and other neighbours went to quarter No.2 D/2 and found the dead body of Debasis, the brother of the appellant and his mother, Bithika in a precarious condition with serious injuries on her person. Bithika was subsequently taken to the hospital for treatment but she succumbed to her injuries. On getting this information, the police visited the place of occurrence and there, Mr. Rao presented his written complaint about the murder without any mention of the assailant as it was still unknown. On receipt of the written complaint, the case was investigated into and the police collected evidence from which it was reasonably felt that the appellant committed the murder of his mother and elder brother and thus, a charge sheet was submitted against the appellant under Section 302 of the IPC. The learned Additional Sessions Judge framed charge under Section 302, IPC against the appellant for murder of his mother and elder brother and the appellant pleaded not guilty to the charge and claimed trial.

4. The prosecution examined in all 12 witnesses which included A. Srinivas Rao and some of the people of the locality, P.W 2 – Rupali Sen, the sister of the appellant and his deceased elder brother and daughter of his deceased mother, the doctor who conducted the Post Mortem examination, the doctor who examined the appellant soon after his arrest by the Investigating Officer(I.O) and the I.O himself. The learned trial judge after considering the prosecution evidence, both oral and documentary, and after hearing the contentions of both the appellant and the State finally came to the conclusion that the appellant coming from Calcutta on 31st August, 2001 made his entry into the quarter of Debasis in the night of September 1, 2001 and finding his mother and brother defenceless, killed them both to take revenge since Debasis got employment on compassionate ground on the death of his father and the appellant was deprived of an employment opportunity. The trial court reached this conclusion, mainly on the oral testimony of P.W.2 Rupali Sen, sister of the appellant and on several circumstances which was gathered from both oral and documentary evidence of the prosecution. The trial court on appreciation of evidence on record held the appellant guilty of the murder of his brother and mother under Section 302 of the IPC and sentenced him to life imprisonment.

5. The appellant appealed against the judgment of the trial court in the High Court pleading innocence, and submitted that there were no eye witnesses to depose against the appellant and that he should be acquitted. The High Court held that there was sufficient material on record to lend support to the conclusion of the trial court that the appellant, feeling himself deprived of the job of his father held a deep grudge against his mother and elder brother and as he resided in Calcutta, he perhaps came on 31st August, 2001 and on 1st September, 2001, he entered into the room through the exit hole of the bathroom and thereafter again escaped through the said hole and this was corroborated by the oral testimony of P.W 2 – Rupali Sen, and also from the circumstance that no article was stolen, the door of the room was closed from inside and the appellant himself received some injuries due to scuffling and finally, the silver chain of the appellant was recovered near the body of the victims. Thus, all these circumstances together clearly established the fact beyond any reasonable doubt that it was the appellant who killed his elder brother and mother on the night of 1st September, 2001. The High Court held that the prosecution with the help of circumstantial evidence, established a complete chain of events that there was no scope to hold otherwise than to lend support to the guilt of the appellant for the commission of the gruesome double murder. The appeal was accordingly dismissed and the orders of conviction and sentence passed against the appellant under Section 302 of the IPC by the trial court were confirmed.

13. For the aforesaid reasons we sustain the conviction of the appellant- accused under Section 302 of the IPC and sentencing him for life imprisonment as awarded by the trial court and upheld by the High Court. We do not find any merit in the appeal and it is hereby dismissed.