Jharkhand High Court Acquits Convict in 1993 Murder and Robbery Case Over Lack of Evidence
Case No.: Cr. Appeal (DB) No. 250 of 1997(R)
By Sandhya kaika
The High Court of Jharkhand has overturned the conviction of Madhab Chandra Dey, who was previously sentenced to life imprisonment for the 1993 murder of Khenubala Dasi and a subsequent robbery. The Division Bench, comprising Justices Sujit Narayan Prasad and Gautam Kumar Choudhary, ruled that the prosecution failed to establish a complete chain of circumstantial evidence. The case dates back to December 15, 1993, when informant Nand Lal Dey returned from a wedding in Rajrappa to find his home in Chas looted and his aunt, Khenubala Dasi, dead with her throat slit. Valuable gold and silver ornaments were reported missing.
Key Findings of the Court:
Hostile Witnesses: Several key seizure list witnesses, including those related to the recovery of the alleged murder weapon (a knife) and stolen money, were declared hostile or failed to support the prosecution’s claims during the trial.
Doubtful Recoveries: The Court noted that the alleged recovery of ₹30,000 from the appellant’s backyard and the knife from a pond area were not proven beyond reasonable doubt, as witnesses testified they only saw these items at the police station.
Incomplete Chain of Circumstances: Since the case relied entirely on circumstantial evidence, the Court found that the prosecution could not bridge the gaps caused by inconsistent witness testimonies and unproven recoveries.
Verdict
The High Court concluded that the trial court’s 1997 conviction was not based on cogent evidence. Consequently, the appeal was allowed, and Madhab Chandra Dey was acquitted of all charges. The case against the co-appellant, Ludka Kandu, had already abated following his death during the pendency of the appeal.
