In a significant judgment delivered on Thursday, the Calcutta High Court set aside the death sentence of one accused, acquitted two others, and commuted the capital punishment of another to life imprisonment in a 2021 rape and murder case that had shocked the state.
A division bench comprising Justices Debangsu Basak and Md Shabbar Rashidi acquitted Chhotu Munda and Tapati Patra, who were earlier convicted by a sessions court in Paschim Medinipur, observing that the prosecution failed to establish their guilt beyond reasonable doubt. The court further commuted the death penalty of Bikash Murmu to life imprisonment without remission for a period of 40 years.
The three—Murmu and Munda, both masons, and Patra, a labourer—were found guilty by the trial court on July 25, 2023, for the gangrape and murder of a young woman in Pingla, West Bengal, under Sections 448 (house trespass), 376D (gangrape), 120B (criminal conspiracy), and 302 (murder) of the Indian Penal Code.
The case was lodged after the victim’s father found his daughter dead, unclothed, and lying in a pool of blood inside an old house adjacent to their residence, where repair work was underway. The three accused, who were employed at the site, were arrested and charged with gangrape and murder.
However, upon a detailed review of the evidence, the High Court found inconsistencies and lack of conclusive forensic material against Munda and Patra. The court observed that there were no blood stains or forensic traces on Munda’s clothes and no material linking Patra to the crime. Patra had testified she was working inside the complainant’s house, while Munda was engaged in binding rods elsewhere on the premises. Both denied any role in the crime.
On the other hand, forensic reports linked Bikash Murmu directly to the incident. His vest contained blood matching both his and the victim’s DNA, and the victim’s vaginal swab matched DNA from his hair and nails. The bench concluded there was overwhelming evidence proving that Murmu raped and murdered the victim.
The court also considered Murmu’s background before modifying his sentence. The 32-year-old hails from a poor rural background, has no prior criminal record, and is married with a daughter in Class 7. A psychological assessment and a socio-economic report suggested he was not beyond reform. His conduct in custody was also noted as good.
“In consideration of such report, it cannot be said that the appellant is beyond reformation,” the bench said, holding that the case did not fall under the ‘rarest of rare’ category warranting the death penalty.
