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Death Penalty of Eight Murder Accused Commuted by Calcutta High Court
Death penalty awarded to eight accused in a kidnap-cum-murder case has been commuted by the Calcutta High Court and two accused out of the eight has been acquitted by the court.
Justice Nadira Patherya and Justice Debi Prosad Dey has upheld the conviction of six accused persons and have sentenced them to rigorous life imprisonment.
The order of the Calcutta High Court has been pronounced by the court in the case of a murder of one Sourav Chowdhury. The trial court in the instant matter has sentenced eight accused persons with death penalty. The prosecution in the case submitted before the court that after committing the murder the accused kept the dead body of Sourav Chowdhury on the railway line so as to project the murder as a railway accident and to conceal the case from the police. The dead body of the deceased was cut into pieces due to movement of the trains on the railway track,
The bench of the high court has upheld the conviction of six accused and acquitted two other accused but it has commuted the death penalty of the convicted accused into life imprisonment by stating that the present case is a case of retaliation and cannot be said to be the case of rare of rarest case and therefore admit the death penalty negatively.
The court further held that Shyamal Karmakar, one of the convicts will not be released from custody till the 30-years of his sentence is complete towards the life imprisonment as he has abused the trial court on the date when the judgement was pronounced saying that court would not do anything to him though he had committed such an offence.