SUBHASISH MONDAL @ BIJOY versus STATE OF WEST BENGAL

Citation: [2013] 12 S.C.R. 435 · Decided: 21-11-2013 · Supreme Court of India · Bench: S. J. MUKHOPADHAYA · Disposal: Dismissed

Judgment (excerpt)

[2013] 12 S.C.R. 435 
SUBHASISH MONDAL @ BIJOY 
v. 
STATE OF WEST BENGAL 
(Criminal Appeal No. 1391 of 2008) 
NOVEMBER 21, 
[SUDHANSU JYOTI MUKHOPADHAYA AND 
V. GOPALA GOWDA, JJ.] 
PENAL CODE, 1860: 
s.302 -Double murder -- Accused charged with murder 
A 
B 
c 
of his elder brother and mother - Circumstantial evidence -
Conviction by courts below - Held: The guilt of accused has 
been proved beyond reasonable doubt - The recoveries 
made from the place of incident, the injuries on the person 
0 
of accused, the evidence of witnesses that accused was seen 
loitering around after the incident, all point towards the guilt 
of the accused - Besides, accused held a strong grudge 
against his mother and elder brother as his mother had given 
the name of his elder brother for employment on 
E 
compassionate ground on the death of his father - The motive 
of vengeance is established and in cases in which only 
circumstantial evidence is available, motive assumes a great 
importance - Further, accused has simply pleaded innocence 
- No other explanation has been offered by him in spite of the 
incriminating circumstances that pointed to his guilt - This is 
F 
a suspicious facet of this case - All these circumstances, which 
form a reliable chain of events, proved the hypothesis that 
accused is guilty of the gruesome murder of his elder brother 
and mother - Conviction and sentence of accused-appellant 
sustained - Evidence - Circumstantial evidence - Criminal Jaw 
G 
- Motive. 
On the basis of a written report lodged by PW-1, an 
FIR was registered to the effect that PW-1 heard screams 
435 
H 
436 
SUPREME COURT REPORTS 
[2013] 12 S.C.R. 
A coming from the next d~?or quarter and when he along 
with others went to the sa.~d quarter, he found dead body 
of its occupant,and his mott':ler seriously injured. She was 
taken to the hospital, but sht.' succumbed to her injuries. 
During the investigation, it tr;ilnspired that the deceased 
B were the elder brother and the mother of the accused-
appellant, who killed them as t,1is mother gave the name 
of his elder brother for employment on compassionate 
ground on the death of his t:ather. The trial court 
convicted the appellant u/s 302 IPC and sentenced him 
c to imprisonment for life. The High Court affirmed the 
conviction and the sentence. 
Dismissing the appeal, the Cour1t 
HELD: 1.1 The guilt of the accused has been proved 
D beyond reasonable doubt. The evidence on record is that 
someone entered and exited the quarter ,of the deceased 
through an exit hole of the bathroom and the door of the 
room in which the deceased were found, was closed 
from inside. The Investigating Officer (P.W 12) stated that 
E he arrested the accused on his way to his sister's house 
(P.W 2) and that he found some scratch marks and 
injuries on his body which was later examined by the 
doctor ( P.W. 11), who opined that the injuries were 
caused due to scuffling with another person and could 
F have been inflicted if the accused was an assailant and 
the victims tried to save themselves from his assault. P.W. 
8, the Medical Officer who examined the body of the elder 
brother of the accused stated in his evidence that the 
injuries may be caused by incriminating substance such 
G as 'nora', which was recovered from the scene of the 
crime. The accused-appellant's motive of vengeance as 
he was angry at being denied his father's job led him 
murdering his elder brother and mother. The motive of 
vengeance is established and in cases in which only 
circumstantial evidence is available, motive assumes a 
H 
SUBHASISH MONDAL @ BIJOY v. STATE OF WEST 437 
BENGAL 
great importance. This, along with the fact that the 
A 
accused-appellant was seen loitering around after the 
occurrence and the silver chain that he took from his 
sister, P.W. 2, was found at the site of the murder all point 
to the guilt of the accused. It is also on record that the 
accused-appellant was addicted to wine and mixed with 
B 
anti-social elements. Further, a railway ticket was found 
by P.W.1, for the date of 31.8.2001 from Howrah which 
presumably be!onged to the accused as he lived in 
Howrah and the murder happened in Kharagpur. All these 
circumstances which form a reliable chain of events c 
proved the hypothesis that the accused is guilty of the 
gruesome murder of his family - his elder brother and his 
mother. [para 8-10 and 12] [442-D-F; 443-C-H; 444-A; 445-
D-F] 
Bhagwan Dass v. State (NCT of Delhi) 2011 (6) SC

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