CALCUTTA HC COMMUTES DEATH SENTENCE IN STABBING CASE

Calcutta HC says crime not rarest of rare; commutes death sentence to life without remission.

Case Overview

Case Name –The State of West Bengal vs. Susanta Chowdhury

In the case of The State of West Bengal v. Susanta Chowdhury, the Calcutta High Court commuted the death sentence awarded to a man who brutally murdered his ex-girlfriend by stabbing her 45 times . The judgment was delivered by Justice Debangsu Basak and Justice Md Shabbar Rashidi, who ruled that the convict was capable of reformation . The Court concluded that the murder did not fall within the scope of the “rarest of rare” category and instead sentenced the convict to life imprisonment without remission for 40 years .

Key Aspects

Before issuing its verdict, the Court analyzed the background and circumstances of the case :

• The convict murdered his ex-girlfriend in May 2022, stabbing her repeatedly in public.
  
• He used a toy gun to scare off bystanders and continued the attack without provocation .
  
• The couple had a brief past relationship, but he was warned not to contact her .
  
• No prior criminal record or evidence of intent to terrorize the public was found .
  
• Witnesses confirmed the assault, but there was no indication of premeditated public fear creation .
  

Legal Insights

The Court examined relevant legal provisions and principles before commuting the sentence :

• Section 302 IPC : Punishment for murder—originally invoked for awarding the death penalty.
  
• The Court applied the rarest of rare doctrine as laid down in Bachan Singh v. State of Punjab, (1980) 2 SCC 684.
  
• It considered mitigating circumstances such as age, lack of prior offences and potential for reformation.
  
• The Court also referenced the criminal test, balancing test and reformative theory in capital punishment jurisprudence.
  
• Based on these, it imposed life imprisonment without possibility of remission for 40 years from the date of arrest.
  

Court’s Verdict

The Calcutta High Court commuted the death sentence to life imprisonment without remission for 40 years noting that the crime, though heinous lacked elements to qualify as a “rarest of rare” case. The Court prioritized the possibility of reform over capital punishment stating the ends of justice would be better served with a long-term life sentence.

Source- Calcutta High Court 

Read also- Indian Penal Code