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Budhandev Karmaskar v. State of West Bengal

The justices of the Supreme Court scrutinized the circumstantial evidence in an appeal.

Citation: Budhandev Karmaskar v. State of West Bengal, (2011) 4 SCC 749


Budhandev Karmaskar, the appellant in Budhandev Karmaskar v. State of West Bengal, was found guilty of killing his wife Shampa Karmaskar. The event happened at their West Bengali home late on October 15, 2008. The circumstantial evidence that supported the prosecution's case included witness testimony and claims of home strife.

Facts of the case:

This case concerns the 45-year-old sex worker Shrimati Chayay Rani Pal, also known as Buri, who was killed by the appellant, Budhadev Karmaskar.

The incident happened on September 17, 1999, at approximately 9:00 p.m. in a three-story building located in Kolkata's red light district, Jogen Duta Lane. Buri was a tenant in the structure.

The dead had been sleeping outside her room, which was located close to the second-floor stairway, before the event. The accused approached her expressing a desire for sex, something that Buri, the dead, declined.

The dead were abused by the accused in a fit of rage, who kicked, thrashed, and smashed her hands and legs in addition to repeatedly hitting her skull. The accused did not think that the deceased had enough, so he pulled her by her hair and struck her skull on the wall after she fell to the first floor.

Asha Khatun was on the second floor and saw the occurrence firsthand. He was being protested against, and he fled to protect himself during this time.

Buri was brought to the Medical College Hospital immediately, but she passed on en route. Her face was injured eleven times as a result of the incident, which resulted in bleeding from the head, nose, and ears.



  1. whether the appellant's guilt might have been proven by the prosecution's circumstantial evidence.

  2. Whether it was incorrect for the lower courts to rely on witness testimony that lacked adequate support.

  3. Whether any irregularities in the investigation or trial process occurred that would have compromised the impartiality of the proceedings.



The prosecution said that the evidence, which consisted of witness accounts and an alleged history of family strife, created a logical scenario that implicated the appellant in wrongdoing. The defence contended that inadequate evidence was presented and that anomalies in procedure occurred both during the inquiry and trial. Specifically, they cast doubt on the veracity of some pieces of evidence and questioned the reliability of witness statements.

Judgment with Reasoning: 

The appellant was convicted of killing his wife and given a life sentence by the trial court based on circumstantial evidence and witness testimony. The conviction was maintained by the High Court, which noted the coherence of the evidence.

The justices of the Supreme Court scrutinized the circumstantial evidence in an appeal. The Court decided that although circumstantial evidence may support a conviction, it had to be definitive—that is, it had to rule out any plausible alternative and solely lead to the assumption of guilt. The Court expressed doubts regarding the veracity of the witness statements and pointed out that there was no concrete proof connecting the appellant to the offence.

In a dissenting opinion, Justice Sharma maintained that the witness testimony was credible and that the circumstantial evidence was sufficient. Concurring with the majority, Justice Das highlighted the necessity for a higher threshold in circumstantial situations and voiced doubts about the calibre and dependability of the evidence.


Rule of Law:

The verdict upheld the requirement that, in cases involving circumstantial evidence, the entire line of events must be followed and the evidence must only point to the accused's guilt. The Court stressed that when relying on witness testimony, care must be taken, particularly in cases where there isn't any independent confirmation.


Analysis of the decision upheld:

 By overturning Budhandev Karmaskar's conviction in its ruling, the Supreme Court brought attention to the shortcomings of the circumstantial evidence and the demand for a stricter standard in situations like these. The case brings to light the significance of carefully assessing the evidence in criminal cases and serves as a timely reminder that guilt must be established beyond a reasonable doubt. By upholding the high threshold necessary for a conviction in the absence of direct proof, the decision reinforced the body of legal precedent about circumstantial evidence.

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