Basudev Mandal v. State Of W.b

Basudev Mandal v. State Of W.b

(Supreme Court Of India)

Criminal Appeal No. 755 Of 1996 | 31-08-2000

The appellant in this case was convicted under Section 302 and was sentenced to imprisonment for life on 26-9-1986. He is alleged to have murdered his mother-in-law around 7.30 a.m. on 13-7-1979. The High Court confirmed the conviction and sentence and dismissed the appeal.

The case rested on circumstantial evidence. The trial court and the High Court referred to various circumstances and concluded that the circumstances have formed themselves into a completed chain. The courts relied on the testimony of PWs 2, 3 and 5 as testifying to the important circumstances.

We do not find any reason to interfere with the conviction and sentence. We notice also that the appellant would have been in jail for more than 14 years by now. If he was in jail for at least some time during the pre-conviction period it is for the authorities now to decide whether the time thus so far spent by the appellant in jail can be considered for his release.

With these observations the appeal is disposed of.

Advocate List
Bench
  • HON'BLE JUSTICE K. T. THOMAS
  • HON'BLE JUSTICE R. P. SETHI
Eq Citations
  • 2000 (3) ACR 2525 (SC)
  • 2001 (2) UC 14
  • (2000) 10 SCC 273
  • 2001 (1) ALD (CRL) 868
  • JT 2000 (10) SC 490
  • LQ/SC/2000/1296
Head Note

Criminal Law — Appeal — Murder — Evidence — Circumstantial evidence — Appellant sentenced to life imprisonment under Section 302 IPC — High Court confirmed conviction — Held, no reason to interfere with conviction and sentence — Appellant in jail for more than 14 years — Authorities to decide release — Indian Penal Code, 1860, S. 302.