Kolkata, Feb. 13 -- Observing that mere relationship between witness and deceased is no ground to doubt the credibility of a "truthful" eye-witness, Calcutta High Court upheld the life sentence of a convict in a 13-year-old murder case where motive for crime could not be established.

The bench of Justice Joymalya Bagchi and Justice Gaurang Kanth also observed that "when evidence of eye-witnesses are clear, convincing and supported by medical evidence, absence of motive to commit crime would not be a ground to disbelieve prosecution case".

The appellant Dhiren Hembram challenged the rigorous life sentence given by the trial court which convicted him under Section 302 IPC.

On the evening of November 25, 2012, the victim Chatur Hembram was attacked by Dhiren with a sickle (hansua) when he went to see Jagadhatri immersion with his wife and minor son. The wife lodged a complaint at Kalyani police station. The disclosure statement of the appellant also led to the recovery of the murder weapon near a pond.

The defence counsel made three arguments broadly. The evidence of the eye witnesses (wife & son) is unreliable since the mother didn't state the son was at the place of occurrence although the son said he saw the murder. The motive of crime was not proved, and recovery of the crime weapon is not supported by the independent witnesses.

Dispelling the doubt over their evidence because of their relation with the victim, court observed: "Mere relationship between the witness and the deceased is no ground to doubt the credibility of a truthful eye-witness. It is absurd to presume a relative would falsely accuse an innocent person and thereby screen the real offender".

Court observed that the wife's failure to mention in FIR that her husband was attacked while answering nature's call near a tree was a minor omission and does not improbablise her presence at the spot where she saw the attack with a torch. Her evidence was corroborated by a neighbour who heard her shouting about the murder as she came home. The boy's presence was mentioned in the FIR where the wife said she went to the fair with her son and husband. Autopsy report indicated injuries were homicidal in nature and may have been caused by the use of 'hasua.'

Published by HT Digital Content Services with permission from Millennium Post.