Death penalty commuted to life imprisonment in a murder case: Calcutta HC

February 13, 2017

The Calcutta HC in its recent judgment reduced the death sentence awarded to an accused, from death penalty to life imprisonment for 30 years without remission. The person was accused of killing his 26 year old wife and 7 year old son. In the present matter, the accused Lakhikanta Adhikary was married to Sulekha Adhikary nine years ago. The victim lady was subjected to both physical and mental torture in her matrimonial home by husband and his family members soon after the marriage. A few days before the date of incident the accused and his family members had threatened the victim of cutting her with a chopper. The victim's father, who became the de-facto complainant on 6th August, 2012 was informed that his daughter and his grandson had been killed, by slicing the throat with a sharp weapon. Police charge sheeted the accused under Section 498A and 302 IPC.

After the trial, accused was found guilty of both the offences and awarded death sentence by Additional Sessions Judge of Arambagh. Further, the trial court made a reference to the High Court under Section 366 Cr.P.C. The accused also filed an appeal before the High Court against the order of the trial court. The HC Bench found that the prosecution proved its case beyond reasonable doubt and the accused was liable for the aforementioned offences. However, the bench was of the opinion that, the brutality on the part of the accused clearly indicates that, the death of both victims was pre-planned, brutal and cold blooded. Moreover, the appellant was aware of the fact that had he been in his senses, he would not have been able to kill the victims. It is for this reason that he consumed a lot of liquor before entering his house on the fated night. After committing the said offence, the accused remained unfazed, and pursued his normal activities. Further the bench stated that in order to impose a death sentence the case must fall into the category of “ rarest of rare case” in which the nature of the crime, circumstances of the criminal and impact of the crime on the community should be considered. “ Another reason is while applying the test of “ Rarest of Rare Case” it is the perception of society which must be considered and not the opinion of a judge and society would abhor rape and murder of a disabled woman, a mentally and physically handicapped woman or minor child and although the appellant's action calls for no sympathy life imprisonment for minimum 30 years without remission would suffice” , said the Bench.

OUR TAKE

Considering the facts of the case, the decision of the Calcutta HC to commute the death penalty of the accused is not very convincing. Both the wife and the son have been brutally killed by the accused. The courts need to set up an example that, it is not only when the crimes are committed against a person with disability, will fall under the rarest of the rare case but also generally, if severely inhuman ways are adopted by a criminal he shall be awarded death penalty.