Haru Ghosh V/s State of West Bengal

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2009-08-27
Case No: 1173 of 2008
Case Type: Appeal (Criminal)
Judge Name: V.S. Sirpurkar & Deepak Verma
Subject: Criminal Law-Capital Punishment
Statutes / Acts: Indian Penal Code 1860 (IPC), Code of Criminal Procedure 1973
Section: Section 307, Indian Penal Code (IPC) - Section 326, Indian Penal Code (IPC) - Section 382; Code of Criminal Procedure (CrPC) - Section 354(3)
Bench Strength: Double Bench
Advocate: Mata Prasad Sing (P) & Tara Chandra Sharma and Neelam Sharma (R)
State of Appellant(s): West Bengal
History of Case No: Order dated 27.03.2008 of the High Court of Calcutta in CRA No. 399 of 2006
Equal Citation Details :

2009 (57) BLJR 3067, JT 2009 (11)SC240, 2009(11)SCALE782, (2009)15SCC551, 2009 (9) UJ4082, 2009 (2) ALD (Cri) 765 

Case Note / Description :

 It is clear that the appellant had no other intention but to commit murder. A had suffered as many as six injuries referable to the sharp cutting weapon on the most vital parts of her body like neck. The other two injuries were on her thigh and left knee joint. S had suffered 10 injuries on the equally vital parts of the body like head, right eye, face, shoulders, and right arm. His wrist of the right hand was separated from the hand completely. Thus, the appellant-accused was rightly found guilty of murdering these two helpless and defenceless persons apparently for no fault on their part. [Para 7] [857-H; 858-A-C] 1.3. The submission that appellant was on inimical terms with the witnesses and, therefore, the witnesses had falsely implicated him, is unsustainable as there does not seem to be any enmity brought out on the cross- examination of these witnesses. Therefore, even if there was enmity between the parties then that would bring a clear cut evidence of the motive. [Para 8] [858-D-E] 1.4. The evidence of witnesses PW-10 and PW-12 which was corroborated by other witnesses PW-26, PW-29, PW-30, PW-17 and PW-27 clearly brings out that the appellant, immediately after murdering A and S assaulted J. The evidence of J is seen along with the medical evidence regarding the injuries and there is no doubt about the correctness of the findings reached by the Sessions Judge and the High Court. The assault on J was so severe that he lost one of his fingers, being right hand index finger. The trial court and the appellate court correctly concluded that the accused is guilty for the offence punishable u/s. 307 IPC. In fact, on that count it was not necessary for the trial court to additionally convict him for the offence u/s. 326 IPC. That part dealing with the conviction and sentence of the appellant u/s.326 IPC is set aside. [Para 9] [858-F-H; 859-A-C] 2.1. There cannot be a straightjacket formula depending on the number of murders committed or the manner in which the murder was committed or that the appellant was already undergoing the sentence of rigorous imprisonment for life. 

 
 
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