Do minor discrepancies in eyewitness accounts and procedural lapses vitiate a conviction when supported by overwhelming medical and injured‐witness evidence?

Reaffirming that normal discrepancies, inquest limitations, and minor investigative omissions do not undermine murder and grievous‐hurt convictions; acquitting those not clearly implicated
Calcutta High Court answers “No,” upholding convictions under Sections 302/326 IPC read with Section 34, acquitting one accused for lack of evidence. The judgment affirms precedents on inquest scope, normal vs material discrepancies, and injured‐witness reliability. Binding on subordinate courts; persuasive for other High Courts.

 

Summary

Category Data
Case Name CRA/266/2015 of AFTAB SK @ ATAB SK & ORS Vs STATE OF WEST BENGAL
CNR WBCHCA0249992015
Decision Date 18-08-2025
Disposal Nature DISMISSED (CRA 283/2015 & CRA 266/2015)
Judgment Author Justice Rajasekhar Mantha
Concurring or Dissenting Judges Justice Ajay Kumar Gupta (concurs)
Court Calcutta High Court
Bench Two-Judge Bench
Precedent Value Binding precedent for subordinate courts
Overrules / Affirms Affirms existing precedents on inquest scope, eyewitness discrepancies, injured‐witness evidence
Type of Law Criminal law (IPC Sections 302, 326, 34)
Questions of Law
  • Are minor discrepancies among eyewitnesses fatal to conviction?
  • Does an inquest report mandate a line of investigation?
  • Can medical opinion on time of death conclusively fix occurrence timing?
  • Should an accused be acquitted for lack of clear evidence of participation?
Ratio Decidendi The court held that (1) inquest reports under Section 174 CrPC are preliminary and do not bind subsequent investigation; (2) minor discrepancies in timing or identification are natural in chaotic assaults and do not vitiate convictions when supported by injured‐witness and medical evidence; (3) a post‐mortem estimate of last meal time is advisory and cannot override ocular testimony on occurrence timing; (4) where multiple injured eyewitnesses give consistent testimony of roles, the prosecution case is unimpeachable despite some contradictions; and (5) an accused must be acquitted if no clear evidence links them to the crime, applying the benefit‐of‐doubt principle.
Judgments Relied Upon
  • Bharwada Bhoginbhai Hirjibhai v. State of Gujarat, (1983) 3 SCC 217
  • Pedda Narayana v. State of Andhra Pradesh, (1975) 4 SCC 153
  • State of Rajasthan v. Kalki, (1981) 2 SCC 752
  • Balu Sudam Khalde & Anr. v. State of Maharashtra, 2023 SCC OnLine SC 35
  • Md. Jabbar Ali v. State of Assam, (2023) 19 SCC 672
  • Balaka Singh v. State of Punjab, (1995) 4 SCC 511
  • State of Bihar v. Ramnath Prasad, (1998) 9 SCC 49
  • Jagat Singh v. State of Himachal Pradesh, (2011) 2 SCC 234
  • Munna Lal v. State of U.P., (2023) 18 SCC 661
  • Indira Devi v. State of H.P., (2016) 12 SCC 76
  • Abdul Razak v. State of Karnataka, (2015) 6 SCC 282
  • Wasif Haider v. State of U.P., (2019) 2 SCC 203
  • Pankaj v. State of Rajasthan, (2016) 16 SCC 192
  • Samadhan Bhulaka Koli v. State of Maharashtra, (2010) Vol 4 SCC Cri 67
Logic / Jurisprudence / Authorities Relied Upon
  • Inquest under Section 174 is only for apparent cause; does not dictate investigation (Pedda Narayana).
  • Exact timings in witness evidence are estimates; minor timing discrepancies are expected (Bharwada Bhoginbhai).
  • Distinction between normal and material discrepancies; only material ones vitiate evidence (Kalki).
  • Injured eyewitnesses have high evidentiary value unless compelling reasons to discard (Balu Sudam Khalde).
  • Benefit of doubt must be given to an accused with no clear incriminating evidence.
Facts as Summarised by the Court A land‐boundary dispute led to an altercation on 9 November 2005 at a “Banskata” field. Accused returned with 20–30 persons armed with agricultural weapons and attacked a family. The victim, Lalchand, died from multiple deep cuts inflicted by a Ramdao; other family members sustained grievous injuries. FIR was lodged, investigation involved two I.O.s, inquest and post‐mortem were conducted. Trial Court convicted most accused under Sections 302/326 read with 34 IPC; appeals followed.

Practical Impact

Category Impact
Binding On All subordinate courts in West Bengal
Persuasive For Other High Courts considering inquest scope, normal‐discrepancy test, injured‐witness reliability
Overrules None
Distinguishes Balaka Singh v. State of Punjab (1995) regarding inquest inconsistency
Follows Bharwada Bhoginbhai (timing discrepancies); Pedda Narayana (inquest limits); State of Rajasthan v. Kalki (normal vs material discrepancies)

What’s New / What Lawyers Should Note

  • Clarifies that an inquest report under Section 174 CrPC is preliminary and does not compel investigators to pursue every lead mentioned therein.
  • Reaffirms that timing discrepancies among eyewitnesses in chaotic attacks are “normal” and not fatal to prosecution if core evidence is consistent.
  • Holds that post‐mortem estimates of last meal times are advisory, not conclusive, on occurrence timing.
  • Emphasises that injured‐witness testimony has high evidentiary value; minor contradictions do not require acquittal.
  • Applies the benefit‐of‐doubt rule to acquit an accused against whom no clear role was established.

Summary of Legal Reasoning

  1. Timing Discrepancies: Relied on Bharwada Bhoginbhai—exact incident timings are estimates; minor variations are expected.
  2. Inquest Scope: Citing Pedda Narayana, inquest under Section 174 CrPC only identifies suspicious death; it does not mandate lines of inquiry.
  3. Medical Evidence: PM estimate of last meal is opinion, not fact; cannot override consistent eye‐witness accounts.
  4. Eyewitness Discrepancies: Following Kalki, normal discrepancies in a mêlée do not vitiate evidence; material discrepancies alone matter.
  5. Hostile and Contradictory Witnesses: While some witnesses gave opposing accounts or were declared hostile, the core injured‐witness testimony was unshaken.
  6. Benefit of Doubt: Where evidence against an accused is absent or non-specific (no recovery of weapon, no clear role), acquittal is required.
  7. Application: Convicted all clearly implicated under Sections 302/326 read with 34 IPC; acquitted one accused (Waser Sk.) for lack of evidence.

Arguments by the Parties

Petitioner

  • Highlighted timing contradictions between FIR, inquest, and hospital records.
  • Argued inquest witnesses named an uninvolved individual (son of “Tajer Bere”)—no investigation followed.
  • Relied on PM stomach‐food evidence to dispute 9 am occurrence.
  • Pointed to contradictory genesis (PW 6 and PW 13) to challenge “common intention.”
  • Noted non-recovery of weapons, missing dying declaration, and skipped medical facilities.
  • Sought acquittal or reduction of charges (free fight/private defence argument).

Respondent

  • Emphasised overwhelming consistency in injured-witness testimony (PWs 2, 3, 4).
  • Relied on medical reports corroborating injuries and cause of death.
  • Argued minor discrepancies are natural and not material.
  • Pointed to para-military exhortation (“cut their heads”) showing mens rea.
  • Urged that faulty investigation and inquest omissions are inconsequential in light of unimpeachable evidence.

Factual Background

On 9 November 2005, a land‐boundary dispute in a Nadia district field escalated when accused ploughed into another’s land. After an initial assault, they returned with 20–30 armed villagers wielding Ramdao, Tangi, and sticks. They killed Lalchand on the spot with a blow to the nape and inflicted grievous injuries on his father and brothers. A complaint was filed, police registered FIR No. 265/2005, conducted inquest and post‐mortem. At trial, the majority were convicted under IPC Sections 302, 326 read with 34; one accused was acquitted on appeal.

Statutory Analysis

  • Section 302 IPC (murder) read with Section 34 (common intention): elements satisfied by coordinated assault to kill.
  • Section 326 IPC (voluntarily causing grievous hurt) read with Section 34: proven by severe cuts requiring hospitalisation.
  • Section 174 CrPC (inquest): inquest report is preliminary, not binding on investigation.
  • Dying-declaration principles: PW 2 recovered and deposed, diminishing evidentiary weight of earlier statement.

Dissenting / Concurring Opinion Summary

Justice Ajay Kumar Gupta concurred fully with the reasoning and conclusions of Justice Mantha; no separate or dissenting view was expressed.

Procedural Innovations

  • No new procedural rules or guidelines were issued.
  • Reaffirms existing practice that inquest findings do not fetter police investigations.

Alert Indicators

  • ✔ Precedent Followed – existing Supreme Court precedents on discrepancies and inquest scope were affirmed.

Citations

As relied upon in the judgment; see “Judgments Relied Upon” above.

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