The Tripura High Court recently commuted the death penalty of a man who killed five persons in 2021 and sentenced him to life imprisonment till his last breath without any benefit of remission [The Sessions Judge Khowai Tripura Versus The State of Tripura].The division bench of Justice T Amarnath Goud and Justice Biswajit Palit, however, ordered that convict Pradip Debroy @ Kutti be kept in solitary confinement. “If the convict-appellant is allowed to socialize with the inmates in the jail, there is every possibility of his temporary insanity status of mind might strike back and assuming which has happened on the fateful day, again on any day and would cause a threat to the inmates. This Court feels that he should be kept in isolation, by keeping him away from other inmates and under surveillance,” the Court said.The Court refused to set aside the conviction on the ground of temporary insanity. However, it criticized the police for not looking into the mental and physical condition of the convict. “It is seen from the record that the police authorities have not taken proper care to investigate the matter, when … serial killings have been done on the same day which also included a police officer,” the Court remarked.Debroy, who was convicted for murder of five persons including his two daughters and one brother and awarded capital punishment in 2022, had challenged his conviction and sentence.His counsel before the High Court contended that the trial court had failed to consider his mental state and the fact that prosecution had not established any motive for the murders.Considering the submissions as well as the evidence on record, the Court found that the prosecution had successfully proven the charge of murder. On lack of motive in the case, the Court opined that it cannot be said a crime committed without any motive is not a crime.“It is evident that the convict-appellant has not preplanned and committed the murders and caused injuries. But a crime committed without any mens rea does not entitle to acquittal. This Court negates the issue of meas rea against the convict appellant,” it said.
The Court also examined the mental condition of the convict. He was seen running in naked condition and shouting on the main road at the time of murder.
It found that the antecedents of the convict are clear and he has no criminal background.
On the behaviour exhibited by the convict during the commission of crime, the Court opined that the police immediately could have sent him for medical analysis to find out whether he was under the influence of any drugs or his mental stability was disturbed.
Since the police had not done so, the High Court during the adjudication of appeal had ordered a medical examination of the convict
The report submitted last month revealed that the overall behaviour and condition of the convict at present was normal.
The Court stressed that the prosecution ought to have done the medical examination of the convict on the day of the crime itself. It found the police had solely focused on proving that Debroy was guilty of the murders.
Since they succeeded in proving that, the Court said Debroy is liable to be punished under the charges as they are proved beyond reasonable doubt.
On whether to confirm the death sentence or not, the Court opined that it is only an act of God to give life to a human.
“In the absence of which, a person cannot take away someone's life. The act the convict has taken away the several lives. Though this Court is empowered to impose capital punishment, it should be exercised in the rarest of the rare case and if it feels that the accused person if released would be a threat to society,” it said.
Accordingly, the Court modified the death sentence of convict to life imprisonment “till he breathes his last in jail without any benefit of remission.”
Advocates HK Bhowmik, NG Debnath and A Acharjee represented the convict.
Public Prosecutor Raju Datta represented the prosecution.
TAGS: Tripura High Court death penalty life imprisonment solitary confinement convict Pradip Debroy temporary insanity serial killings motive
