Calcutta HC acquits former CPI(M) MLA, two others in 2010 murder case

The Calcutta High Court acquitted former CPI(M) MLA Manoranjan Patra and two party leaders convicted in a 2010 murder case, citing insufficient evidence linking them to the crime. The court also noted Patra’s Assembly presence and lack of recovered firearms

Kolkata: The Calcutta High Court has acquitted former CPI(M) MLA Manoranjan Patra and two other party leaders convicted in a 2010 murder case, saying no evidence on record shows the appellants were present at the alleged place of occurrence during the incident. Sentenced to life imprisonment by a trial court, the four-time former MLA from Taldangra in West Bengal’s Bankura district was out on bail, while Ajbahar Khan and Jiten Patra remain incarcerated.

Acquitting the three CPI(M) leaders of the charge of murdering Madan Khan, a Trinamool Congress activist in Taldangra, the high court division bench held on Friday that no evidence on record shows the appellants were present at the alleged place of occurrence during the incident.

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The bench, comprising Justices Debangsu Basak and Md Shabbar Rashidi, also held that there was no evidence that they were carrying firearms which were alleged to have been used, and no arms were seized during the investigation.

It observed that two letters produced by the prosecution established that Patra was present at the West Bengal Legislative Assembly at the date and time of the alleged crime. Madan Khan’s son Ismail Khan had filed a police complaint that a group of CPI(M) supporters led by Patra attacked their house on June 29, 2010, with deadly weapons, and killed his father.

The three CPI(M) leaders were convicted of the murder and sentenced by a trial court in December, 2022. The high court bench said that although witnesses examined stated that Ajbahar fired at victim Madan Khan on Patra’s instructions, the details of such instructions and the exact words used were not established at trial.

It also noted that prosecution evidence showed two gatherings of CPI(M) and TMC at different locations in the village on June 29, 2010. It also transpired that turmoil occurred during the meetings and someone fired a gunshot, fatally injuring the victim, the court said.

The court also said that although the incident allegedly happened at 5 pm on June 29, the complaint was lodged at 10:05 am the next day. No explanation was offered for the delay in filing the complaint, although the place of occurrence was just 26 kilometres from the police station, it observed.

Holding that the prosecution could not substantiate the charges levelled against the appellants with sufficient evidence, the division bench acquitted the three convicts of all charges, setting aside the trial court’s conviction and sentence.