Law Is Focused On Reformation: Tripura HC Commutes Death Sentence To Life Imprisonment For Man Convicted Of Murdering Five, Including Daughters & Policeman

The Tripura High Court recently commuted the death sentence of a person who was convicted by the Trial Court for the offence of murder of five persons including his two daughters and a police officer, to life imprisonment without remission, on the ground that there were laches on the part of the police authorities and also the investigating officer in not examining the crime from all aspects.

The division bench of Justice T. Amarnath Goud and Justice Biswajit Palit observed:

“In view of a developed ideology in Criminal Jurisprudence where a culprit is to be tried and punished, but also the circumstance needs to be examined and analyzed by the Court. It also becomes immensely necessary that apart from not only to punish the accused-person, but also to think in terms of reformatory measures. The sword of justice given to a Judge has to be exercise with utmost responsibility and judiciously considering the reforms. In the present days, the law has more focused on the reformatory side.”

The Court was hearing a Death Sentence Reference Case and appeal under Section 374 of CrPC challenging the judgment and order of conviction and sentence dated November 23, 2022 passed by the Sessions Judge, Khowai, Tripura whereby the Trial Court convicted the accused-appellant for the commission of offence under Section 307 of IPC and sentenced him to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs.10,000/-, and convicted under Section 302 of IPC and sentenced to death and directed to pay compensation of Rs.5,000/- each to the victims.

The Counsel appearing for the appellant argued that the appellant was of unsound mind since a normal human being without any motive, pre-plan and intention would not commit such type of crime of killing five persons one after another and injuring two others.

It was further stated that the convict appellant after murdering his two minor daughters was moving in a naked condition on the road and thereafter, he committed further murders.

It was argued that the Trial Court did not consider the sequence of commission of the offence as a sound mind person would not be in a position to do so. It was stated that the convict appellant somehow became abnormal and he could not say what the consequence of his activities was.

The Court noted that no motive has been established behind the commitment to such a heinous crime. However, the Court observed that it cannot be said that that crime committed without any motive is not a crime and the accused is entitled to acquittal.

It was highlighted by the Court that from the evidence of various eyewitnesses, it is evident that the convict-appellant had not preplanned and committed the murders and caused injuries. But a crime committed without any mens rea does not entitle to acquittal.

The Court noted:

“…….it is clear that the antecedents of the convict appellant are clear and he has no criminal background. The action of the investigating officer in not getting the mental and physical condition of the convict-appellant checked immediately reflects the lacuna in the investigating process.”

The Court, after the perusal of the report dated February 5, 2024 submitted by Office of the Superintendent Kendriya Sansodhanagar, Tripura, Bishalgarh, observed that nothing adverse was indicated in the report and it showed that he was a normal person, and that his behavior at present is like any other normal inmate and there are no traces of insanity.

“The prosecution ought to have done the above tests on the date of the crime itself so that the reports could have been of some help in the process of the investigation, The investigating officer has also not thought out of the box to ascertain whether there was any family disturbance or business disturbance for which the convict was frustrated and committed the crime of hurting and killing people indiscriminately. The investigation has only focused on the commission of crime and proving that the convict appellant has committed murder and to see that he is punished,” the Court said.

However, the Court held that on the ground of doubtful temporary insanity, it cannot grant acquittal to the convict.

“But at the same time, there are laches on the part of the police authorities and also the investigating officer in not examining the crime delinquently from all aspects when this is the rarest of the rare case,” it added.

Thus, the Court commuted the death sentence of the convict into life imprisonment till he breathed his last in jail, without any benefit of remission. It further directed for the convict to be held in solitary confinement, under surveillance so he did not cause a threat to other inmates, due to his state of mind.

Case Title: The Sesssions Judge, Khowai District, Tripura v. The State of Tripura & Anr.

Case No.: Death Sentence Reference No. 2 of 2022

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