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The Calcutta High Court commuted the death sentence awarded to the convicts in the triple murder case by the trial court to life imprisonment without any remission for a term of 30 years. A division bench of Calcutta High Court Justice Jaimalya Bagchi and Justice Shubhendu Samant said that the criminals had no previous criminal record. Those people have executed such an incident for the first time, so it is not that there is no possibility of improvement in them. In view of this, the High Court has directed to convert his death sentence into life imprisonment.
The judge said that all the three persons were killed in the incident, therefore the culprits must be punished for such a heinous incident, but the evidence found at the incident did not show that the appellants had come to the place armed or that the killings were pre-planned. It is alleged that the appellants looted and killed three persons in the said house. During investigation, several mobile phones, articles of jewellery, ATM cards and cash were recovered from the appellants, which were missing from the house of the deceased persons.
In the context of death penalty, the High Court Division observed that the lower court had failed to remove the mitigating circumstances. The court observed that the trial judge has given the verdict only on the basis that three people were murdered. Other observations regarding the premeditated or brutal nature of the crime are not supported by the evidence on record. It is not clear whether the appellants conspired and came to the house of the deceased with the intention of murder. On the other hand, it is more likely that the general intention to kill appeared on the spot itself.
The court noted that the appellants did not have weapons and used household items such as coconut rope and bed sheets, which showed that the murder was not premeditated or gruesome. Accordingly, the court commuted his death sentence to rigorous imprisonment for life without remission for a term of 30 years.
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