Calcutta High Court Commutes Death Penalty Of Man Convicted For Murdering Parents, Awards Life Imprisonment Without Remission

The Calcutta High Court on Monday commuted a death row prisoner's sentence to life imprisonment till natural life without remission. The man last year was awarded a death sentence by the trial court for murdering his parents.

The division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi said:

“The Constitutional Court can award a life sentence without any remission. This aspect has to be considered in light of the report of Pavlov Hospital taken note of by the learned Trial Judge where, such hospital had done psychometric assessment of the convict by clinical psychologist who reported that there was a possibility of the convict committing future crime and becoming a danger to the society.”

The court observed that the case does not fall under the rarest of rare category as noted in Macchi Singh v. State Of Punjab.

“In our view, it would be improper to hold that, the victim had murdered his parents with a deliberate design in order to inherit property or to gain control over a property. Moreover, it has not come out in evidence that, the convict was in a position to dominate the victims. Nothing has been placed on record to suggest, let alone establish that, the convict had stood benefitted by the murder of his parents property wise or financially,” it said.

The court further observed that age of the convict at the time of the commission of the offence is a factor that has to be taken into consideration while drawing up the balance sheet of mitigating and aggravating circumstances. The convict was was 36 years of age at the time of commission of offence.

 While commuting the death sentence, the court considered the following mitigating circumstances in favour of the convict:

1. The State vide its report dated February 27, 2023 submitted that the behaviour of the convict was submissive and co-operative.
2. The Superintendent of the Correctional Home, where the convict was lodged, said that he found no objection from the conduct of the convict during his stay in the prison from any corner.
3. The Welfare Officer of the Correctional Home where the convict was lodged stated that the convict was very much interested to draw picture in the correctional home.
4. The report of the clinical psychologist of the Correctional Home, where the convict was lodged, stated that no active psychopathology nor any symptom of anxiety or depression was found at present and convict had appeared to be mentally fit at present and has the awareness about his future legal movement.
5. State has not produced any material establishing any criminal antecedent so far as the convict is concerned.
6. The statement of the convict recorded under Section 313 of the CrPC stated that the convict was an Auto driver prior to the incident. His age and his economic condition deduced from his occupation as noted above, has to be considered as mitigating factors in his favour.

The bench relied upon the judgement of the Supreme Court in Union of Indian v. V. Sriharan @ Murugan and Others in which it has been held that the power to impose a modified punishment providing for specific term of incarceration or till the end of the convict’s life as an alternate to death penalty, can be exercised only by the High Court and the Supreme Court and not any other inferior Court.

Accordingly, the court commuted the death sentence awarded to the convict to life imprisonment till natural life without remission, while noting that the psychometric assessment of the convict by clinical psychologist states that there is a possibility of the convict committing future crime and becoming a danger to the society.

Case Title: State of West Bengal v. Sovan Sarkar

Citation: 2023 LiveLaw (Cal) 78

Coram: Justice Debangsu Basak and Justice Md. Shabbar Rashidi

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