The Calcutta High Court has sentenced a man and four of his relatives to life imprisonment for the 2006 murder of his wife, overturning a lower court acquittal by relying on the eyewitness testimony of the victim’s son, who was 12 years old at the time of the crime.
The division bench, consisting of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay, ordered that the convicts must complete 24 years of rigorous imprisonment before becoming eligible to apply for remission. The court also sentenced the husband, Samir Das, to an additional one-year term of rigorous imprisonment for domestic violence.
Alongside Samir Das, the High Court convicted his elder brother Samar Das, Samar’s wife Sabita, and their relatives Sanjay Pramanik and Jharna Pramanik. The decision reverses a March 2017 ruling by the Diamond Harbour Fast Track Court, which had acquitted all five accused after rejecting the son’s testimony.
The Role of the Child Witness
In its 41-page judgment, the division bench emphasized that a minor child who witnesses the death of their mother is also a victim of the crime. The court rejected the trial court’s characterization of the boy as a doubtful witness, noting that he had no motive to falsely implicate his father and other relatives.
The bench also dismissed the defense’s argument that the woman committed suicide due to marital disputes regarding her husband’s refusal to relocate to Sonarpur. The court pointed to the son’s testimony, which described his mother attempting to throw up the poison that was forcibly poured into her mouth, ruling out the possibility of self-consumption or abetment to suicide.
Details of the 2006 Incident
The criminal case originated from a police complaint filed by the victim’s brother at the Usthi police station in the South 24 Parganas district following her death on July 6, 2006.
According to the prosecution, the victim was subjected to ongoing physical abuse by her husband, a farmer, for failing to secure money from her maternal home. On the night of July 6, 2006, Samir Das assaulted the victim and administered poison to her.
The prosecution established that the other accused relatives assisted in the crime. When the victim asked for water during the assault, Sabita brought poison and handed it to Samir, who forced it into his wife’s mouth. Afterward, Jharna Pramanik and another relative changed the victim’s vomit-stained clothes to destroy evidence. The victim’s 12-year-old son witnessed the entire event while hiding under a bed.
