Cal HC commutes death sentence of Andhra couple to life term in child murder case

Kolkata: The Calcutta High Court has commuted the death sentence of a couple from Andhra Pradesh, convicted of the murder of a one-year-old child, to life imprisonment for at least 40 years without remission.

The court held that objections raised on behalf of appellants Sk Hasina Sultana and Sk Vannur Sha with regard to territorial jurisdiction of the court at Howrah in West Bengal to try such a case "hade no legs to stand".

Noting that the case does not fall under the rarest of rare category, the division bench said in its recent judgment, "In the facts and circumstances of the case, we are not in a position to arrive at a definite finding that any punishment other than death penalty would be insufficient."

"Taking into consideration the entire facts and circumstances of the case discussed hereinbefore, we are minded to commute the death sentence awarded to the appellants into one of life imprisonment," the division bench presided by Justice Debangsu Basak observed.

The bench, also comprising Justice Md Shabbar Rashidi, said that considering the age of the appellants as well as other circumstances, the life term will mean imprisonment for life without remission until 40 years from the date of their arrest.

According to the case made out by the prosecution, the appellants murdered of the child in Secunderabad, and packed the body in a bag and put it in Howrah-bound Falaknuma Express in January, 2016.

The bag containing the body of the child with bruise marks was recovered from the train at Howrah railway station on January 24, 2016, resulting in the initiation of a murder case.

The division bench observed that the facts and circumstances of the case render it triable by the court at Howrah in West Bengal in accordance with the provisions of the Code of Criminal Procedure, 1973.

"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," it said.

Affirming the conviction of the two by the fast track court at Howrah on February 27, 2024, the bench said that it finds no substance to interfere with its findings in so far as it relates to the conviction of the appellants for the offences punishable under Sections 302 (murder), 201 (causing disappearance of evidence) and 34 (common intention) of the Indian Penal Code.

Commuting the sentence, the division bench noted that Vannur Sha is aged about 37 years and Hasina Sultana is 34 years of age, and they do not have any criminal antecedent.

"Various pronouncement by Hon’ble Supreme Court has laid down that death penalty should be resorted to in exceptional circumstances where the court awarding the sentence is able to return a finding that the case fell within the category of ‘rarest of rare cases’ and the possibility of reformation of the convict stood foreclosed," the bench said.

It noted that following a complaint by her mother, a lookout notice in the name of Hasina and her child was issued from Tenali-1 Town police station in Andhra Pradesh, after she went missing from their house on December 22, 2015.

Hasina was later arrested from her mother's house by the investigating officer of the West Bengal Police and upon interrogation, she disclosed that she had married Vannur Sha and stayed with him in a rented accommodation at Hyderabad.

The child was born out of wedlock between Hasina and another man, but after that relationship soured, she had been living with her mother, the prosecution stated before the trial court.

It was claimed that Hasina also disclosed that the child used to cry and create commotion upon which their landlord at Hyderabad used to protest.

For such reason, the two appellants used to beat the child, the prosecution stated, adding that one day the toddler was reeling under fever for which he was administered some medicine, after being assaulted.

Pursuant to such assault and administering medicine, the child turned cold and died, the prosecution stated.

Thereafter, Vannur Sha packed the dead body in a bag and left it in the general compartment of Falaknuma Express, the prosecution had submitted before the trial court.