Why carry ‘3-inch-wide’ knife?: Calcutta High Court seals life term in woman’s murder
The Calcutta High Court was hearing an appeal filed by a man who allegedly killed a woman with whom he had an affair, and thereafter attempted to take his own life.
The accused had already written in his diary that he would kill the victim, and thereafter tried to take his own life as well, the Calcutta High Court observed. (Image generated using AI)
Calcutta High Court upholds murder conviction: The Calcutta High Court recently upheld the life imprisonment of a man for killing a woman with whom he allegedly had an extramarital affair, observing that diary entries about murdering the victim and carrying a knife clearly showed premeditation, thereby ruling out any plea of sudden provocation.
Justices Rajasekhar Mantha and Rai Chattopadhyay noted the accused’s plea that he had suffered enough for 12.5 years over a soured extramarital relationship, but held that this cannot dilute the gravity of a premeditated offence.
Justices Rajasekhar Mantha and Rai Chattopadhyay noted that the extramarital affair had allegedly continued for about seven years. (Image enhanced using AI)
“The writings in the diary and the knife that the appellant was carrying clearly indicated a premeditation in causing the death of the victim. It is of no consequence or avail to the appellant that he himself also tried to end his life,” the high court said in its judgment on March 19.
The Calcutta High Court was hearing an appeal challenging the 2019 trial court judgment convicting the accused and sentencing him to life imprisonment for the murder.
‘No one carries 3-inch-wide knife’
The accused had already written in his diary earlier that he would kill the victim, and thereafter consumed poison to end the relationship and himself once and for all.
It is extremely unusual for a person to carry a three-inch-wide kitchen knife if he were to use the same for cutting any fruits and eating outside his house.
The accused’s argument that he has suffered enough for 12 and a half years for a soured extramarital relationship is not acceptable to this court.
Not only had the victim gone through such disturbed extramarital relations, but the accused had also premeditated the offence in question to end the life of the victim.
‘Extramarital affair’, death, conviction
The prosecution stated that the accused, who was already married with a child, had an extramarital affair with the victim. It had allegedly continued for about seven years before the incident.
It was claimed that the victim, who was living with her mother and brother in a rented accommodation, was often visited by the accused.
The victim allegedly insisted that the accused marry her officially and socially, and settle down.
The accused, who was already married, may not have disclosed this to the victim, the prosecution stated.
It was also claimed that the accused was unhappy both with his marital life with his wife and was equally disturbed over his extramarital affair.
According to the victim’s mother, the accused often visited her house.
It was placed on record that the accused had maintained a diary.
He had written in the diary that if the victim did not cease to insist on a social marriage and independent living with him, he would kill her and thereafter commit suicide by consuming poison.
On September 26, 2013, the accused visited the victim’s house and allegedly had a quarrel with her, which was witnessed by her mother.
Later, the mother found the daughter dead and the accused lying unconscious in the same room, away from her.
The two were taken to a government hospital.
The victim was declared dead, and the accused was found with several injuries and treated and subsequently survived.
The accused was sentenced to life imprisonment by the trial court after being found guilty of an offence under Section 302 (murder) of the Indian Penal Code (IPC).
Senior advocate Manjit Singh was appointed by the state legal services authority to represent the accused.
Singh argued that while the accused may have caused the woman’s death, as the evidence would indicate, he could at best be charged with culpable homicide not amounting to murder.
Singh stated that the crime was one of passion and emotion. It was not actuated with any motive or premeditation.
The state was represented by public prosecutor Debashis Roy, who opposed the appeal.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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Justices Rajasekhar Mantha and Rai Chattopadhyay noted that the extramarital affair had allegedly continued for about seven years. (Image enhanced using AI)