The Calcutta High Court has commuted the death sentence awarded to a couple from Andhra Pradesh, convicted of murdering a one-year-old child, into life imprisonment for a minimum of 40 years without remission.
A division bench of Justice Debangsu Basak and Justice Md Shabbar Rashidi, while upholding their conviction, observed that the case does not fall within the ambit of the “rarest of rare” category warranting capital punishment.
The appellants, Sk Hasina Sultana and Sk Vannur Sha, had questioned the jurisdiction of the Howrah court to try the case. The bench, however, rejected this objection, noting:
“In view of the facts, objection raised on behalf of the appellants with regard to territorial jurisdiction of the court at Howrah to try such case has no legs to stand.”
The judges clarified that the recovery of the child’s body at Howrah railway station in January 2016 made the case triable in West Bengal under the Code of Criminal Procedure, 1973.
Background of the Case
According to the prosecution, the couple killed the toddler in Secunderabad, packed the body in a bag, and placed it aboard the Howrah-bound Falaknuma Express. On January 24, 2016, the bag was recovered at Howrah railway station, revealing the child’s body with multiple injuries.
The trial court at Howrah convicted both accused under Sections 302 (murder), 201 (causing disappearance of evidence), and 34 (common intention) of the Indian Penal Code and sentenced them to death on February 27, 2024.
While affirming the conviction, the High Court noted that both convicts are relatively young—Vannur Sha aged about 37 and Hasina Sultana 34—and have no prior criminal record. Citing Supreme Court precedents, the bench observed that death penalty should only be awarded in cases where the crime is so grave that reformation of the convict is impossible.
“Taking into consideration the entire facts and circumstances, we are minded to commute the death sentence awarded to the appellants into one of life imprisonment,” Justice Basak wrote. The bench directed that their life sentence shall mean imprisonment without remission for 40 years from the date of arrest.
The prosecution revealed that Hasina, who had a child out of wedlock from an earlier relationship, began living with Vannur Sha in Hyderabad. The child’s constant crying often disturbed their landlord, leading to frequent assaults by the couple.
On one occasion, while the toddler was unwell with fever, the child was beaten and administered medicine. Following the assault, the child died. Vannur Sha then packed the body in a bag and left it in the general compartment of the Falaknuma Express, the court was told.
By commuting the death penalty, the Calcutta High Court underscored that while the crime was heinous, it did not merit capital punishment under the legal standards of the “rarest of rare” doctrine.
