In a significant ruling, the Calcutta High Court has acquitted three individuals who were previously sentenced to death for a 2014 murder. The division bench, consisting of Justice Debangsu Basak and Justice Md. Shabbar Rashidi, overturned the trial court's July 2019 conviction of Surajit Deb, Lipika Poddar, and Sanjoy Biswas. The three had initially been found guilty under Sections 302 (murder), 201 (causing disappearance of evidence), and 120B (criminal conspiracy) of the Indian Penal Code (IPC). The High Court's decision also rejected the death reference that was sent by the trial court.
The case originated with the discovery of a dismembered female body near the Sealdah Railway Station on May 20, 2014. The victim's torso was found wrapped in a quilt, while her severed limbs and head were stored in a trolley bag and a school bag. A cash memo found within the bags identified the deceased as Jayanti Deb, the wife of Surajit Deb.
However, the High Court has now concluded that the prosecution failed to establish beyond a reasonable doubt that any of the accused were present at the victim's Lake Town flat at the time of the incident. The court cited a lack of credible witness testimony, as well as the absence of forensic or circumstantial evidence, placing the accused near the crime scene around May 19, 2014.
The court also addressed the bloodstained articles that were recovered during the investigation. While these items were found, the prosecution did not successfully link them to the accused or the victim. Furthermore, the High Court noted that the recoveries were allegedly made based on confessional statements, but these statements were not properly presented to the accused during their examination under Section 313 of the Criminal Procedure Code (CrPC).
The bench also dismissed the reliance on a statement made by Sanjoy Biswas under Section 164 CrPC, deeming it exculpatory. The statement pertained only to the disposal of the body under alleged threat and lacked corroborative evidence. Sanjoy Biswas was also not examined as a prosecution witness or turned approver.
Ultimately, the Calcutta High Court concluded that the prosecution had not successfully proven any conspiracy or common intention among the accused. As a result, the invocation of Section 120B IPC was deemed unsustainable. The court ordered the immediate release of Surajit Deb, Lipika Poddar, and Sanjoy Biswas, directing correctional authorities to update their records and cancel any outstanding warrants.