In a recent judgment, the Calcutta High Court commuted the death penalty awarded to Radha Kanta Bera—convicted for the brutal beheading of a woman in a temple on suspicion of witchcraft—to life imprisonment.
The Division Bench comprising Justices Debangsu Basak and Md Shabbar Rashidi observed that the case did not fall within the 'rarest of rare' category warranting capital punishment. The Court also took note of the convict’s mental illness, socio-economic background, and lack of criminal antecedents while deciding to reduce the sentence.
“In the light of discussions hereinbefore, we are of the opinion that in the facts and circumstances of the present case, imprisonment for life would be sufficient punishment instead of death penalty. We are not minded to confirm the death sentence awarded by the learned trial court,” the Bench held.
Bera had been convicted and sentenced to death by the trial court on May 3, 2023, for the gruesome murder of a woman. According to the police, Bera, along with his parents, forcibly entered the woman’s home, dragged her to a Kali temple under the belief that she was a witch, and beheaded her as she bowed before the idol. Shockingly, he then carried her severed head back to his house.
The trial court had justified the death penalty on the grounds that the heinous nature of the crime warranted the harshest punishment to deter future offenders, terming it a 'rarest of rare' case.
However, upon appeal, the High Court disagreed with the trial court’s assessment. The Bench considered the convict’s mental health, conduct in the correctional facility, his background, and the fact that he had no prior criminal record. The Court concluded that these mitigating factors made life imprisonment a more appropriate sentence.
“Taking all the aforesaid factors coupled with the conduct of the appellant in the correctional home and that he had no criminal antecedent behind, we are of the view that the option of any punishment other than death penalty is not foreclosed. Apart from that, the facts and circumstances of the case under which the offence was committed, cannot be said to bring the case in the category of ‘rarest of rare’,” the Court observed.
Senior Advocate Sourav Chatterjee and Advocate Soumya Nag represented Radha Kanta Bera.
The State of West Bengal was represented by Public Prosecutor Debasish Roy, along with Advocates Rudradipta Nandy and Amita Gaur.
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