Kolkata, Jul 25 (PTI) The Calcutta High Court has set aside the death sentence of a man and life term of a woman and ordered their acquittal, while commuting the capital punishment of another to life sentence in a 2021 rape and murder case.
The high court passed the judgment on Thursday, holding that the prosecution failed to prove the offence against the two.
A sessions court in Paschim Medinipur district on July 25, 2023, ordered death penalty for masons Bikash Murmu and Chhotu Munda, while sentencing labourer Tapati Patra to life term after finding them guilty in the rape and murder of a young woman on May 3, 2021.
A division bench comprising justices Debangsu Basak and Md Shabbar Rashidi acquitted Chhotu Munda and Tapati Patra of all the charges after finding that the prosecution could not prove the case against them.
The bench commuted the death sentence imposed on Bikash Murmu into life imprisonment without remission for 40 years from the date of his arrest.
The trial court had convicted all the three for offences punishable under Sections 448 (house trespass), 376D (gangrape), 120B (criminal conspiracy) and 302 (murder) of the Indian Penal Code.
It had sentenced Bikash Murmu and Chhotu Munda to death for the offence punishable under Section 302 (murder).
One person had lodged a complaint at Pingla police station on May 3, 2021 stating that his daughter was found dead in a pool of blood and naked in their old house, adjacent to their residence, when some repair work was underway.
The three, who were engaged as masons and labourers there, were arrested and charged with gangrape and murder.
All the three appellants had pleaded not guilty to the charges.
The bench noted the forensic report stated that the vest of Bikash Murmu contained his blood and that of the victim.
It also stated that the vaginal swab of the victim resembled the DNA profile found from the nail and hair of the appellant Bikash Murmu.
The division bench noted that the wearing apparels of Chhotu Munda were not stained with blood and did not bear any other forensic evidence.
Appellant Tapati Patra had stated that she was present and working in the house of the complainant, whose daughter was raped and murdered.
She also stated in her deposition that Munda was binding rods at the relevant point of time but Murmu was neither with her nor with Munda.
The division bench said it is of the opinion that there is overwhelming evidence to establish that Murmu raped and thereafter murdered the victim.
“There appears to be no evidence to hold that the appellants Chhotu Munda and Tapati Patra can be held guilty for the offences they were charged with. Their complicity in the commission of the offences charged is not established beyond all reasonable doubt,” the bench said.
The court said that it has considered the psychological evaluation report as well as a report on the socio-economic background of Murmu, who is aged about 32 years.
According to the report, he comes from a poor background from a Paschim Medinipur village and that there is no prior history of violence against him. He has a wife and a daughter who is a student of class 7.
Murmu’s conduct in the correctional home was also reported to be good, the division bench noted.
“In consideration of such report, it cannot be said that the appellant is beyond reformation,” the bench noted, holding that this case does not fall under the category of ‘rarest of rare’. PTI AMR NN RBT
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