LI Network
Published on: February 19, 2024 at 09:10 IST
The Tripura High Court has commuted the death penalty of Pradip Debroy @ Kutti, the convict responsible for the gruesome murder of five individuals in 2021, to life imprisonment until his last breath, without any provision for remission.
The division bench, consisting of Justice T Amarnath Goud and Justice Biswajit Palit, handed down the decision [The Sessions Judge Khowai Tripura Versus The State of Tripura].
Despite the commutation, the High Court ordered that Debroy be confined in solitary isolation, expressing concerns over the potential threat he poses to fellow inmates if allowed to interact within the prison community. The court emphasized the necessity of keeping him under surveillance, stating that any temporary insanity on his part might reoccur, posing a risk to other prisoners.
While refusing to overturn the conviction on grounds of temporary insanity, the Court criticized the police for neglecting to investigate the mental and physical condition of the convict.
The Court remarked that the police failed to exercise due diligence in scrutinizing a case involving multiple serial killings, including that of a police officer on the same day.
Pradip Debroy, convicted in 2022 for the murders of his two daughters, one brother, and two others, had contested his conviction and sentence. His legal representation argued before the High Court that the trial court overlooked his mental state and that the prosecution failed to establish a motive for the murders.
Upon examining the evidence and considering the submissions, the Court found that the prosecution had successfully proven the murder charges. Regarding the absence of a clear motive, the Court held that a crime committed without a discernible motive does not warrant acquittal.
The Court also scrutinized the mental condition of the convict, noting his erratic behavior of running naked and shouting on the main road at the time of the murders.
Despite the convict’s lack of prior criminal history, the Court expressed dissatisfaction with the police’s failure to promptly assess his mental stability or potential substance influence.
The High Court had ordered a medical examination, and the recent report indicated that the convict’s behavior and condition were currently normal.
The Court stressed the importance of conducting a timely medical examination on the day of the crime itself, highlighting the police’s focus on proving guilt rather than investigating mental stability.
In the final decision, the Court modified Debroy’s death sentence to life imprisonment, stating that capital punishment should be reserved for the rarest of rare cases where the accused, if released, poses a significant threat to society.