Calcutta High Court Commutes Death Sentence Of Murder Convict To Life Imprisonment With No Remission For 40 Years

The Calcutta High Court bench consisting of Justice Debangsu Basak and Justice Md. Shabbar Rashidi on Wednesday in the case of The State of West Bengal v. Nandita Saha @ Mou & Anr.  commuted the death sentence awarded to a convict by the trial court in a double murder case to life imprisonment without remission for a period of 40 years from the date of commission of offence.

Facts of the Case:

In 2008, the two accused were tried and found guilty by a trial court of murdering a one-and-a-half-year-old child and his mother. In February 2020, the trial court convicted and sentenced Nandita Saha to life imprisonment and ordered Satya Saha to “be hanged by the neck till he was dead” for crimes punishable under IPC Sections 302 (Punishment for Murder), 201 (Causing disappearance of evidence of offence, or giving false information to screen offender), and 34 (Acts done by several persons in furtherance of common intention).

Judgment Review:

The trial judge, however, failed to embark on the exercise of determining whether he was beyond reformation and did not reach the conclusion that a sentence of life imprisonment was barred for him. It also cited the Supreme Court’s decision in Union of India v. Sriharan @ Murugan (2016) 7 SCC 1, which held that a Constitutional Court can impose a sentence of life imprisonment without remission for a specified period. However, it added that justice will be served by commuting Satya Saha’s death sentence to life in prison without the possibility of remission for 40 years from the date of the offence.

Click here to view the judgment

“Prime Legal is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into the category of the best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer”


Leave a Reply

Your email address will not be published. Required fields are marked *