Appeals Dismissed; Conviction Based on Circumstantial Evidence and Recovery of Stolen Items
In a significant judgment, the Calcutta High Court dismissed the appeals of Krishna Kanta Dhar and others, upholding their conviction for the heinous crimes of dacoity and murder. The Division Bench comprising Justices Debangsu Basak and Md. Shabbar Rashidi delivered the verdict on February 4, 2026, affirming the life sentences handed down by the Additional Sessions Judge, Katwa, Burdwan.
The case revolved around the brutal murder of Rekha Rani Roy, a landlady, and her tenant, Gouri Majhi, in October 2011. The appellants were convicted under various sections of the Indian Penal Code, including Sections 396 (dacoity with murder), 302 (murder), and 412 (possession of stolen property).
The prosecution's case was built on circumstantial evidence, primarily focusing on the recovery of stolen articles from the possession of the accused. The court noted that the appellants had failed to provide any credible explanation for their possession of the stolen items. The recovery was made possible through confessional statements by the appellants, which led to the discovery of the stolen gold ornaments and weapons.
The stolen items were identified by the victim's family members during a Test Identification Parade, further solidifying the prosecution's case. Despite the defense's argument that the circumstantial evidence was insufficient, the court found the chain of evidence compelling enough to establish the appellants' guilt beyond reasonable doubt.
The court also addressed the defense's reliance on the precedent set in "Madhu v. State of Kerala," distinguishing the present case based on the consistent and corroborative evidence presented by the prosecution.
The judgment highlights the thoroughness of the investigation and the effective presentation of evidence by the prosecution, which ultimately led to the affirmation of the conviction and sentencing by the High Court.
The court's decision underscores the judiciary's commitment to ensuring justice, particularly in cases involving grievous offenses like dacoity and murder, where the rule of law must prevail to maintain societal order.
Bottom Line:
Conviction and sentence upheld for offences of dacoity and murder under Sections 396/302 of IPC, based on circumstantial evidence and recovery of stolen articles.
Statutory provision(s): Sections 396, 302, 412, 448, 34, 120B of the Indian Penal Code, Section 27 of the Indian Evidence Act, Section 313, 428, 164, 161 of the Code of Criminal Procedure.
Krishna Kanta Dhar v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2849238
