Calcutta HC Acquits Murder Convicts Over 72-Hour ‘Last Seen’ Gap

Exposing critical gaps in the prosecution's circumstantial evidence, the High Court at Calcutta has set aside the life imprisonment sentences of multiple individuals accused of a 2011 murder, ruling that a 72-hour delay between the victim being last seen with the accused and the recovery of the body cannot sustain a conviction.

A Division Bench comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi heard the appeals challenging the conviction and sentence passed by the trial court under Sections 302, 201, and 34 of the Indian Penal Code, 1860. The Court scrutinized whether the chain of circumstantial evidence was complete enough to establish exclusive guilt beyond reasonable doubt.

Court Observations and Directions

The Court analyzed the applicability of Section 106 of the Indian Evidence Act, 1872 and the 'last seen together' theory relied upon in precedents like Perumal Raja alias Perumal vs. State Rep. by Inspector of Police, Satpal vs. State of Haryana ( "(2018) 6 Supreme Court Cases 610": 2018 CaseBase(SC) 1223), Ram Gopal vs. State of Madhya Pradesh, and State of West Bengal vs. Laxmi Kanta Karmakar. It observed that the long delay between the alleged meeting and the discovery of the body, combined with the lack of initial suspicion recorded in the missing diary, severed the prosecution's chain of circumstances.

Additionally, the Court evaluated the medical expert testimony principles laid down in Madan Gopal Kakkad vs. Naval Dubey and Another ( "(1992) 3 Supreme Court Cases 204": 1992 CaseBase(SC) 176), witness credibility parameters in Mano Dutt and Another vs. State of Uttar Pradesh, and delayed FIR principles in Pattipati Venkaiah vs. State of Andhra Pradesh ( "(1985) 4 Supreme Court Cases 80": 1985 CaseBase(SC) 96). It held that recoveries under Section 27 of the Indian Evidence Act, 1872 failed because statements recorded under Section 161 of the Code Of Criminal Procedure, 1973 were not proved at trial, and serological reports failed to confirm human blood origin on the seized weapons.

The Court, in its reasoning, observed: "The time gap of over 72 hours between the time when the victim was last seen in the company of the appellants and the recovery of the dead body can, at no stretch of imagination, be termed as ‘proximate’ to apply the theory of last seen together."

The Court has following directions:

"The appellants be set at liberty forthwith, if not wanted in connection with any other case, subject to bail bond to be executed by the appellants under Section 437A of the Cr.P.C. corresponding to Section 481 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 which shall remain valid for a period of six months."

Background

The dispute arose after the victim went missing on January 27, 2011. His father filed a missing general diary on January 29 without naming any suspects. On January 30, the victim's brother lodged an FIR alleging the victim was last seen entering a marriage hall with the appellants to play carrom. The police recovered the beheaded body from the hall's septic tank later that night.

Following investigation, the trial court convicted the appellants under Sections 302, 201, and 34 of the Indian Penal Code, 1860 and sentenced them to life imprisonment. On appeal, the High Court held that the prosecution failed to establish a complete chain of circumstantial evidence, noting the unexplained delay in lodging the FIR, missing details in the initial diary, and lack of temporal proximity. The High Court allowed the appeals, set aside the judgment of conviction, and acquitted all appellants.

Case Details:
Case No.: CRA 402 of 2019 With CRAN 2 of 2020 CRAN 3 of 2020 With CRA 659 of 2019 With CRA 85 of 2021
Case Title: Md. Mujahid Khan Vs. The State of West Bengal (and connected matters)
Appearances:
For the Petitioner(s): Mr. Milon Mukherjee, Ld. Sr. Adv., Mr. Biswajit Manna, Adv., Mr. Saryati Datta, Adv.
For the Respondent(s): Mr. Krishnendu Bhattacharjee, Ld. A.P.P., Ms. Tanushree Kar, Adv.

Source: 2026 CaseBase(CAL) 1655