Calcutta High Court Commutes Death Sentence to Life Imprisonment in Double Murder Case
Lack of Evidence for Reformation Leads to Life Imprisonment Without Remission for 40 Years
In a significant judgment, the Calcutta High Court has commuted the death sentence of Sunil Das, also known by various aliases including Hari Charan Das and Hari Baba, to life imprisonment without remission for 40 years. The court's decision was influenced by the absence of concrete evidence demonstrating that Das was beyond reformation.
The case involved the brutal murder of two victims during a fraudulent ritual, where Das, acting under the guise of a spiritual healer, had promised to cure burn injuries through rituals in exchange for money. Despite the heinous nature of the crime, which included murder by smothering and gagging, the court set aside the conviction under Section 376 of the Indian Penal Code due to the lack of corroborative medical evidence for rape.
The trial court had initially sentenced Das to death, but during the appeal, the High Court considered Das's socio-economic background, psychological evaluation, and lack of prior criminal records before deciding on the commutation. The court highlighted the importance of a reformative approach, emphasizing that the death penalty should be reserved for the "rarest of rare" cases where reformation is not possible.
The prosecution's case was largely based on circumstantial evidence and witness testimonies, with the lack of direct ocular evidence and contradictions in witness statements being central to the defense's argument. Despite these contentions, the High Court upheld the conviction for murder and destruction of evidence but acknowledged the mitigating circumstances that warranted the commutation of the death sentence.
The decision underscores the judicial system's careful consideration of both the severity of the crime and the potential for the convict's rehabilitation, reflecting a commitment to justice that balances retribution with the possibility of reformation.
Bottom Line:
Death penalty commuted to life imprisonment due to lack of evidence that the convict was beyond reformation; life imprisonment awarded without remission for 40 years.
Statutory provision(s): Indian Penal Code, 1860 Sections 302, 201, 376
