Bipin Kumar Mondal vs State Of West Bengal

3. On the basis of the said Ejahar, the police investigated the case and submitted the charge sheet against the appellant under Section 302/307 IPC. Appellant pleaded not guilty and hence, he was put to trial.

4. In support of its case, the prosecution examined 11 witnesses to bring home the charge against the appellant. An Ejahar was lodged by the son of the appellant and other witnesses had been close neighbours and relatives residing in the same village. The Trial Court considered the evidence of prosecution witnesses and came to the conclusion that petition of complaint had been written by Saidul Islam, PW-10, on the instructions of Sujit Mondal, PW-1, and both of them supported the prosecution case in Court. Saidul Islam, PW- 10, was a resident of another village and had gone to Raninagar Public Health Centre in connection with the treatment of his relation and there he was requested by Sujit Mondal, PW-1, to write the said Ejahar (Exh.-1). Sujit Mondal, PW-1, had deposed that he had gone to the same Public Health Centre at Raninagar and was admitted for treatment for one day. The other witnesses who were close neighbours had supported the prosecution case and deposed that all of them reached the place of occurrence after hearing the shouts by Sujit Mondal and when they reached there, they were told by Sujit Mondal, PW-1, that his father had killed his mother 3 and brother and inflicted injuries on his person. After considering the entire evidence on record and taking it into consideration along with the defence taken by the appellant, which had been only to the extent that he was innocent, the trial Court held that the prosecution had succeeded in proving its case beyond reasonable doubt. However, the injuries on the person of Sujit Mondal, PW-1, were found not to be so serious and he has failed to produce any certificate from Raninagar Public Health Centre or any other proof that he was admitted there. The appellant was convicted under Sections 302 and 323 IPC. Thus, he was awarded the sentence of life imprisonment under Section 302 IPC and 6 months' RI under Section 323 IPC, however, it was held that both the sentences would run concurrently vide judgment and order dated 12.6.2001.

16. In view of the above, we reach the inescapable conclusion that there is nothing on record to show that there could be any reason for Sujit Mondal, PW-1, a son, to falsely implicate and rope his father into such a gruesome murder or the other witnesses, who had been so close relatives and neighbours of the appellant, would support the prosecution case. 11

Abscondance by Accused :

Thus, in view of the above, we do not find any force in the submission made by Shri Bhattacharjee that mere absconding by the appellant after commission of the crime and remaining untraceable for such a long time itself can establish his guilt. Absconding by itself is not conclusive either of guilt or of guilty conscience.

Testimony of Sole Witness :

28. Thus, in view of the above, the bald contention made by Shri Bagga that no conviction can be recorded in case of a solitary eye-witness has no force and is negatived accordingly.

29. In view of the above, we are of the considered opinion that the facts and circumstances of the case do not present special features warranting the review of the judgments/orders of the courts below. Appeal lacks merit and is accordingly dismissed.

30. Before parting with the case, we record our appreciation, thanks and gratitude to Shri Seeraj Bagga in rendering full assistance to the Court during the course of hearing.

.......................................J. (P. SATHASIVAM) .......................................J. (Dr. B.S. CHAUHAN) New Delhi, July 26, 2010 20