Death Penalty Commuted for ‘Sadhubaba’ in Double Murder Case; Rape Conviction Overturned Due to Lack of Evidence: Calcutta High Court - 2025-09-19

Calcutta High Court Commutes ‘Sadhubaba’s Death Sentence in Double Murder Case, Cites Lack of Reformation Evidence

Kolkata: The Calcutta High Court has commuted the death sentence of Sunil Das, also known as 'Hari Baba', to life imprisonment without remission for 40 years for the brutal murder of a mother and her teenage daughter in 2020. In a significant modification of the trial court's verdict, a Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi also acquitted Das of the charge of rape due to insufficient medical and corroborative evidence.

The court was hearing a death reference from the trial court and a criminal appeal filed by Das against his conviction.

Case Background

The case revolves around the murder of a woman (F1) and her 17-year-old daughter (F2) in Birbhum district in May 2020. Sunil Das, a self-styled 'Sadhubaba', had promised to cure the daughter’s burn scars by performing a ritual ('Joggo') in exchange for a large sum of money. The prosecution argued that when he failed to deliver on his promise and the mother demanded a refund of the ₹83,000 she had paid, Das plotted and executed their murders.

The trial court in Rampurhat found Das guilty of murder (Section 302 IPC), rape (Section 376 IPC), and causing the disappearance of evidence (Section 201 IPC). It sentenced him to death for the murder, life imprisonment for rape, and seven years' rigorous imprisonment for destroying evidence, terming the crime "rarest of rare."

Arguments Before the High Court

Appellant's Arguments (Sunil Das): The defense counsel argued that the entire case was built on circumstantial evidence, lacking any direct eyewitnesses. Key contentions included: - Inconsistent Investigation: The initial FIR named the victim's husband, Milon Mondal, as the primary suspect, who was arrested and held in custody. The sudden shift in focus to Das was not adequately explained by the prosecution. - Unreliable Testimony: The statements of key prosecution witnesses were riddled with contradictions and largely based on hearsay regarding the financial transactions and alleged motive. - Coerced Confession: The appellant's confessional statement was claimed to be involuntary and recorded four months after his arrest, rendering it unreliable. - Lack of Forensic Link: No forensic report linked the articles recovered from the scene to the appellant. - No Evidence of Rape: The post-mortem report did not contain findings that conclusively established sexual assault.

State's Arguments (Prosecution): The state defended the trial court's judgment, arguing: - Last Seen Together: Witnesses placed Das at the victims' home around the time of the incident, establishing the "last seen together" theory. - Established Motive: Testimony from the victim's husband (PW15) and neighbours detailed the financial dispute over the failed "cure," providing a clear motive. - Corroborating Evidence: The recovery of sedative strips ('Cetirizine' and 'Alzolam'), the murder weapon ('bonti'), and mobile phones based on Das's leading statements created a strong chain of circumstances pointing to his guilt.

High Court's Analysis and Ruling

The High Court meticulously reviewed the evidence and upheld the conviction for murder and destruction of evidence but set aside the rape conviction.

On Murder and Evidence Destruction (Sections 302 & 201 IPC): The bench found the testimony of Milon Mondal (PW15), the husband and father of the victims, to be credible and detailed. He narrated how Das administered a sedative-laced 'prasad' to him and the victims before leading him away on a pretext, allowing him to commit the murders. This testimony was strongly corroborated by other witnesses who saw Das with Mondal and later heard Das's detailed confession during a crime scene reconstruction. The court concluded, "the appellant took huge amount of money for curing burn injuries... when he failed to cure, the money was demanded back... Evidence on record shows that the appellant went to the house of PW15 to perform Joggo and administered ‘Prasad’ mixed with sedatives." Based on this unbroken chain of evidence, the court found no reason to interfere with the convictions under Sections 302 and 201 of the IPC.

On Rape (Section 376 IPC): The court, however, found the rape charge unsustainable. It noted that the allegations of sexual assault were not corroborated by Milon Mondal (PW15) or other key witnesses. Crucially, the medical evidence from the post-mortem examination did not support the charge. The judgment stated, "The medical evidence of PW28 also did not find any injury to support the case of the prosecution with regard to sexual assault upon the victim... In such view of the facts, a conviction under Section 376 of the Indian Penal Code cannot be sustained."

On the Death Sentence: While affirming the murder conviction, the bench commuted the death penalty. It applied the "rarest of rare" doctrine and considered aggravating and mitigating circumstances. A socio-economic and psychological report revealed that Das, 45, came from a poor background, had no prior criminal convictions (he was acquitted in a previous case), and his conduct in prison was good. The court observed that the State failed to provide any evidence to prove that Das was beyond reformation.

The court held, "we are not in a position to arrive at a definite finding that any punishment other than death penalty would be insufficient and possibility of such punishment is absolutely foreclosed. The State has also not placed anything to establish that the appellant is beyond reformation."

However, acknowledging the heinous nature of the crime and Das's habit of duping people, the court imposed a stringent sentence to protect society. It ruled that the life imprisonment would mean incarceration for life without any possibility of remission until Das has served 40 years in prison from the date of his arrest.