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1962 Supreme(Cal) 22
HIGH COURT OF CALCUTTA
P. B. Mukharji, N. K. Sen
ANANTA KUMAR KARAN - Appellant
Versus
STATE OF WEST BENGAL - Respondent
Appeal 438 Of 1961
Decided On : JANUARY 24, 1962
AJIT KUMAR DUTT, BIRENDRA NATH BANERJEE, J.M.BANERJEE, Jyotirmoyee Nag
Delay in trial due to absconsion of accused is not a ground for commutation of death sentence.
Headnote:
CRIMINAL LAW - Murder - Sentence - Commutation of death sentence to life imprisonment - Grounds - Delay due to absconsion of accused - Not a ground for commutation - Absence of sufficient motive and old age of accused - Grounds for commutation.
Fact of the Case:
The appellant was convicted of murder and sentenced to death. He appealed against the conviction and sentence. The appellant absconded for seven years after the murder and was arrested in 1961. The appellant contended that the order of commitment for trial was illegal and that the trial was therefore a nullity. He also contended that the delay in the trial was a ground for commuting the death sentence to a sentence of life imprisonment.
Finding of the Court:
The court held that the order of commitment for trial was not illegal and that the trial was therefore not a nullity. The court also held that the delay in the trial was not a ground for commuting the death sentence to a sentence of life imprisonment, as the delay was due to the appellant's absconsion. However, the court held that the appellant's old age and the absence of a sufficient motive for the murder were grounds for commuting the death sentence to a sentence of life imprisonment.
Issues: 1. Whether the order of commitment for trial was illegal? 2. Whether the trial was a nullity? 3. Whether the delay in the trial was a ground for commuting the death sentence to a sentence of life imprisonment? 4. Whether the appellant's old age and the absence of a sufficient motive for the murder were grounds for commuting the death sentence to a sentence of life imprisonment?
Ratio Decidendi: 1. The order of commitment for trial was not illegal because the Magistrate had jurisdiction to commit the appellant for trial and the procedure followed by the Magistrate was in accordance with the law. 2. The trial was not a nullity because the appellant was present at the trial and was represented by counsel. 3. The delay in the trial was not a ground for commuting the death sentence to a sentence of life imprisonment because the delay was due to the appellant's absconsion. 4. The appellant's old age and the absence of a sufficient motive for the murder were grounds for commuting the death sentence to a sentence of life imprisonment.
Final Decision: The court dismissed the appeal against the conviction and commuted the death sentence to a sentence of life imprisonment.
( 1 ) ANANTA Kumar Karan was tried by the Additional Sessions Judge, 24 Parganas and a jury on a charge under Section 302 of the Indian Penal Code. The jury unanimously found him guilty and the learned Judge agreeing with and accepting the said verdict convicted him of the charge and sentenced him to death. The present Reference is under Section 374 of the Code of Criminal Procedure for confirmation of the sentence of death by this Court and the appeal is by the convicted person against the order of his conviction and sentence. Both the Reference and the Appeal are being heard together.
( 2 ) THE prosecution case is a simple one. The deceased, Nemai alias Ajit Chatterjee a young man of about 20 years of age was a resident of Malancha Mahinagar and was the brother's son of P. W. 3 Nanda Gopal Chatterjee. On the 23rd November, 1954 the deceased went to Baruipur Kutchery Bazar by train and came back by bus at about 3-30 p. m. after purchasing some goods for his household and also some others for one Nanda Babu. He brought some pan for P. W. 11 Puspalata Show arid went to her place to hand them Over personally to her shortly after his return from the bazar. He found the lady outside her house, made over the pan to her and proceeded towards his own, house followed by P. W. 8 Madhabilata, the daughter of Puspalata about 7 years old then. After he had gone but a little distance he was hit by the accused with a brickbat covered in a paper packet in consequence of which he fell down. Immediately thereafter the accused ran up to him and started striking him with a short sword or sword-like weapon causing severe incised wounds on the victim. Thereafter on seeing that P. W. 1 Phani Bala Dasi and P. W. 2 Panchu Gopal Das both residents in the neighbourhood of the place of occurrence and P. W. 6 Anathnath Mukherjee and P. W. 7 Manindra Nath Chatterjee, the two young men of Mahinagar who were coming that way from Mallikpore Railway Station were running towards the site of the assault, the accused fled away towards his own house with the blood-stained instrument in hand. The injured was carried by P. W. 2 Panchu Gopal Das, P. W. 6 Anathnath Mukherjee and P. W. 7 Manindra Nath Chatterjee to the house of P. W. 23 Mrigendra Lal Sarkar where many people gradually gathered. To them Nemai named the appellant as his assailant and said that the appellant had caused the injuries on him with a sword.
( 3 ) NEMAI was then given Erst aid by two doctors P. W. 9 Dr. Sushil Kumar Bhattacharjee and P. W. 15 Dr. Haraprosad Bhattacharjee. On their advice Nemai was removed to Nil Ratan Sarkar Hospital in a taxi where he was admitted as an indoor patient. In the meantime P. W. 3 Nandagopal Chatterjee and p. W. 24 Ajit Kumar Bhattacharjee went to Sonapur Police station where Nanda Gopal lodged the first information, report at 9 a. m. The police thereupon proceeded to the place of occurrence, took some preliminary steps and seized certain alamats. P. W. 26 Haripada Brahma, Sub-Inspector of Police went to the house of the appellant at about midnight when the appellant was found absent from home. In that house the Sub-Inspector seized a wet blood stained cloth which was then spread out for drying. The police thereafter went to Nil Ratan Sarkar Hospital at about 4-30 p. m. on the 24th November 1954. At the hospital P. W. 21 Saroj Kumar Dutta, Sub-Inspector of Police of Entaily Police station recorded the dying declaration of the injured Nemai in the presence of P. W. 20 Dr. Subimal Sarkar, Medical Officer of the Hospital. Nemai, however died on the 28th November, 1954 at 12-45 p. m. "
( 4 ) THE appellant could not be traced till the 20th of January, 1961 when P. W. 18 Shyama Prosad Majumdar apprehended him in a moving tram car at Dharamtolla street and handed him over to the police constable on duty.
( 5 ) DURING the long absence of the appellant, it appears that warrant of arrest, proclamation and attachment were issued and a charge-sheet against h
