Delayed FIR dispatch gives accused benefit of doubt: HC in 90s murder case

Kolkata: Observing that delay in dispatching FIR gives accused benefit of doubt in the absence of creditworthy prosecution witnesses, Calcutta High Court acquitted two accused in a 1993 murder committed out of alleged political rivalry.

The bench of Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta was moved by the two accused given life sentences for murder.

On July 28, 1993, between 12:45 am and 1am, the victim Sachin Mondal returned home after fishing and was allegedly shot at while he was lying beside his wife on a cot. Five to six persons had allegedly entered his home for the same. Next morning the wife reported it to the police.

The bullet went through from the right axillary region side below the armpit, at nipple level, and exited through the left axillary region. Autopsy doctor opined death was due to perforating wound of the heart caused by gunshot injury which was homicidal in nature.

Court observed it isn’t possible for such a wound to occur from a gunshot fired on the victim who was sleeping on a cot by a person standing in front of the cot. It is more likely he was shot by someone sleeping close to him. No bullets were recovered. Hence, the house was ruled out as the crime spot. Further, evidence collected was not sent for forensics. Seizure by police was questionable.

Even though the complaint said the exiting bullet injured the wife who allegedly saw the attackers with a lantern, there was no injury report. Other witnesses, mostly neighbours, including the wife’s nephew, said they heard a gunshot and saw the appellants under torch light. No torch was seized.

A delay of five days was observed in placing the FIR before the jurisdictional Magistrate. The victim’s son and daughter, sleeping inside the room, were not examined. They could have confirmed the crime spot. With inconsistency in the wife’s statements, court said it could be inferred that FIR and complaint were prepared after autopsy to cook up a story of murder by the appellants.