Supreme Court - Daily Orders
State Of West Bengal vs Birbal Mahato on 8 December, 2015
Bench: Pinaki Chandra Ghose, R.K. Agrawal
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No(s). 1425-1426/2010
STATE OF WEST BENGAL Appellant(s)
VERSUS
BIRBAL MAHATO Respondent(s)
WITH
Criminal Appeal No. 1427-1428/2010
O R D E R
We have heard Mr. Soumya Chakraborty, learned counsel appearing for the appellant - State of West Bengal at length today.
We have gone through the Judgments of the Trial Court as well as the High Court in the matters.
The facts in these matters as culled out are as follows:-
“(a) On 8th September, 2005, Tarapada went to irrigate the paddy field in the night at about 12 P.M. He thereafter did not return.
(b) Upon enquiries the P.W. 1, the informant, came to know that his son Tarapada about 2/3 years prior to the date of the incident used to drive a trekker of the accused Birbal Mahato son of Bankim Mahato.
(c) Tarapada had left the job about six months prior to the date of the incident.
(d) While Tarapada was working with Birbal, he had developed an illicit relationship with the wife of Birbal known as Kalpana Mahato @ Nilima.
(e) The illicit relationship between Tarapada and the wife of Birbal had antagonized the master against servant. Birbal Signature Not Verified is alleged to have threatened Tarapada to kill him.Digitally signed by Vishal Anand
(f) About four months prior to the date of the incident, Date: 2015.12.09 17:26:08 EASST Reason:
Tarapada was severely beaten up by Birbal.-2-
(g) The informant, P.W. 1, came to know about the illicit relationship after Tarapada was released from the hospital.
(h) The informant entertained a serious belief that Birbal Mahato and his cousin Prabir Mahato alis Buro in execution of a conspiracy abducted his son, Tarapada, for the purpose of killing him.” The High Court also taken the burden to analyze the evidence placed before it and dealt with the matter on the basis of issues raised and further came to the conclusion on the basis of documents which were exhibited before the Trial Court and taking into consideration of all those evidences, the High Court noticed that the accused persons, being the respondents herein, have been punished under Sections 364, 302 and 201 of the Indian Penal Code.
It is further noted that no punishment was inflicted under Section 120-B of the said Code. The High Court came to the conclusion that there is no evidence on the record to show that the accused persons had abducted or kidnapped Tarapada with a view to cause his death or for any other purpose. It was the first charge against the accused. The High Court further came to the conclusion that there is no evidence on the record to show that the accused persons caused death on Tarapada by cutting his limbs or otherwise. The medical portion is that the death was caused by strangulation and beheading was done subsequently. The Autopsy Surgeon was also of the view as would appear from `Exhibit 5' that the injuries found on the body of the deceased were caused by animals that had prayed upon it. There is no evidence on the record to show that the accused persons caused disappearance of the dead body or any evidence with regard thereto. On the basis of such evidence, the High Court came to the conclusion that the charges under Sections 364, 302 and 201 of the IPC were not at all proved by such evidence by the prosecution or could have reached the home with regard to such allegations which have been made against the accused. It appears the facts which have been narrated -3- before the High Court that Tarapada used to drive the vehicle of Birbal Mahato. It is further a fact that on the date of death i.e., 8th September, 2005, Tarapada was no longer in the service of Birbal Mahato and it is also a fact that prior to 8th September, 2005 about 4 months before, Tarapada was hospitalized consequent to assault by the accused Birbal or Prabir. So far as the illicit relationship as alleged between the Kalpana wife of Birbal and Tarapada sought to be proved by the letters which were allegedly written by Kalpana and it was stated that out of 6 letters, 3 letters were seized by the Police in order to prove the handwriting of Kalpana. PW 2 was called. In fact, it is also not germane in the incident of the murder of the deceased in this matter at this stage as we find that such letters which were proved by PW 2 alleged to have been written by Kalpana cannot be the answer in the matter or to make any sense to tie up these accused in the matter or can be implicated with such letters. The other piece of evidence of PW 6 Pramatha Mahato, we have been able to find out that the High Court after noticing the said evidence came to the conclusion that such evidence cannot be relied upon in support of the case of the prosecution. The body we have also noticed was found and in fact whether the body identified by the prosecution witnesses was actually that of Tarapada, the deceased, also could not have been proved as the body was decomposed in the meantime at the time of realizing the same.
In these circumstances, it appears that the High Court after properly taking into consideration of the evidences and submissions made before it came to the conclusion correctly and further there is neither direct evidence nor any circumstantial evidence which can show that the deceased was abducted by these persons – respondents herein or that they killed the deceased and further that they took any steps to cause disappearance of Tarapada, the deceased.
In view of that, we find no merit in the appeals filed by the appellant - State of West Bengal.
-4-Accordingly, the Criminal Appeals filed by the State of West Bengal are dismissed.
However, we must express our gratitude to Ms. Prerna Singh, learned Amicus Curiae who was appointed by us to appear on behalf of the sole respondent in Criminal Appeal Nos.1425-1426 of 2010 and helped us to come to such a conclusion.
......................J (PINAKI CHANDRA GHOSE) ......................J (R.K. AGRAWAL) NEW DELHI;
8TH DECEMBER, 2015.
-5-ITEM NO.101 COURT NO.12 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1425-1426/2010
STATE OF WEST BENGAL Appellant(s)
VERSUS
BIRBAL MAHATO Respondent(s)
WITH
Crl.A. No. 1427-1428/2010
(With
Date : 08/12/2015 These appeals were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. Soumya Chakraborty, Adv. Mr. Parijat Sinha,Adv.
Mr. Anip Sachthey,Adv.
For Respondent(s) Ms. Prena Singh,Adv.(A.C.) Mr. Shekhar Kumar,Adv.
UPON hearing the counsel the Court made the following O R D E R The Criminal Appeals are dismissed in terms of the signed order.
(VISHAL ANAND) (SNEH LATA SHARMA)
COURT MASTER COURT MASTER
(Signed Order is placed on the file)