G. T. Nanavati, J. - (1.) The appellant and one Krishnanendu Jana were tried for committing murders of Subhash Chandra Pal, his wife Sulekha Pal, father Davendra Mohan Pal and mother Latika Pal in the Court of Sessions Judge, Barasat, North 24 Parganas in Sessions Case No. 4(5) of 1993. The learned trial Judge held that the appellant committed the murders and Krish-nanendu aided and abetted the appellant in committing the offence. He accordingly convicted the appellant under Section 302 read with 120-B and 201, I.P.C. He convicted Krishnanendu under Sections 302 read with 109, I.P.C. He imposed death sentence on both of them.
(2.) Challenging their conviction and sentence the appellant and Krishnanendu filed separate appeals in the Calcutta High Court. The learned trial Jduge also made a reference to the High Court for confirmation of the death sentence. The appeals and the reference were heard together and were disposed of by a common judgment. The High Court confirmed the conviction and sentence of the appellant but gave benefit of doubt to Krishnanendu and acquitted him. As his conviction and sentence have been confirmed the appellant has filed this appeal challenging the same.
(3.) The prosecution version, as held proved by the evidence of PW-2 Sudipa, was as under: (a) The family of Subhash Chandra Pal (deceased) consisted of his parents, wife and the only daughter Sudipa. They were economically well-off. Subhash Chandra Pal wanted to give good education to his daughter Sudipa and, therefore, used to engage private tutors also since Sudipa was in Class VI. In 1988, when Sudipa was in Class IX, her father engaged the appellant as a private tutor to teach her certain subjects as he was residing hereby. Initially Sudipa used to go to his house, but after sometime the appellant, with the consent of Sudipa's parents, started teaching her by going to her house every evening. (b) Sudipa was often ill-treated by her mother as she believed that Sudipa was responsible for all her physical sufferings which had started after her birth. She was not allowing her to mix with boys and girls with the result that she did not have any friend. She was also at times physically assaulted by her mother. Sudipa used to make complaints about the ill-treatment by her mother to the appellant. The appellant used to listen to her complaints and console her and thereby he had won the confidence of Sudipa. Sudipa also started believing that the appellant was her real well wisher. (c) As the relationship of Sudipa and appellant became more and more close the appellant started touching her body. He used to tell her stories which could influence her mind and also arouse romantic feeling in her. By the middle of 1990 they started moving out alone after remaining absent from their respective schools. (d) On 24-9-1990 the appellant had a headache when he was in the house of Sudipa, he had lied down on a sofa and Sudipa had rubbed Amritanjan balm on his head. This was seen by her mother. After the appellant had left Sudipa's mother had beaten her for that reason. On two subsequent occasions also her mother had noticed the appellant placing his hands on the back of Sudipa and because of that she was beaten by her mother. All these incidents used to be narrated by Sudipa to the appellant. After hearing the last incident in September, 1990 the appellant had told Sudipa that her mother really deserved to be taken to a hill and thrown down from the hill top. (e) In November, 1990 her other teacher Ashutosh Chakraborty was discontinued. Believing that her father had done so at the instance of her mother, Sudipa became very agitated and complained about it to the appellant. The appellant took this opportunity to poison her mind by telling her that her mother was not eager to see improvement in her studies and to make her life a success and, therefore, if she wanted to come up in life she should remove her from this world. (f) During the latter half of 1990 the appellant had also started telling her about his financial difficulties and with her help he obtained a loan of Rs. 6,000/- from her father. When it was not possible for her to get money from her father she used to give him her ornaments like chain, ring etc. without the knowledge of her parents. On one occasion she removed cash from the house and gave it to the appellant. On another occasion she gave Indira Vikas Patra worth Rs. 5,000/-. Thus towards the end of 1990 Sudipa was under complete influence of the appellant and she had started believing that appellant was the only true friend interested in her welfare. (g) Again when her mother told Sudipa not to appear in the 1991 examination and when Sudipa informed the appellant about it, the appellant had told her that if she really wanted to remain happy in life she should remove her from the world. When she had enquired as to how that can be done the appellant had told her to mix 50 tablets of campose with the medicine which her mother was taking every day. Initially, she agreed to that suggestion but could not muster enough courage to do so. In the beginning of January, 1991 the appellant tried to persuade Sudipa to give some poison to her mother to get rid of her. On 18-1-1991 the appellant's wife who had by then become aware of the illicit relationship of the appellant and Sudipa had gone near Sudipa's house and had shouted loudly at the family members of Sudipa and openly stated that Sudipa was a bad girl and was having illicit relations with her husband. Sudipa's mother, therefore, had severely beaten her and wanted the appellant to be removed as a teacher but her father intervened and the appellant continued as Sudipa's teacher. This incident helped the appellant in convincing Sudipa that she should not wait any longer and must take immediate steps to remove her mother from this world. This incident also led Sudipa to agree with the suggestion of the appellant to give some poison to her mother. Thereafter there were attempts by appellant and Sudipa to procure poison and get their effects tested. Initially some cyanide and mercury chloride were obtained from Krishanendu and experiments were conducted with the help of Krishanendu. The appellant had also given one bottle of water in which lizards were boiled to Sudipa and had instructed her to mix it in the drinking water of her mother as such water was also considered highly poisonous. The attempts to procure poison and get them tested continued till 16-3-1991. On 16-3-1991 it was decided mix poison with 'kalojams' and give them to her mother. For this purpose 'kalojams' were also purchased but Sudipa could not make up her mind and that attempt of the appellant failed. On 18-3-1991 the appellant told Sudipa to make her mind strong if she really wanted to prosper in life. He again went to her house in the evening and told her that after administering poison to her mother an electric wira should be wrapped around her body so that people would believe that she had committed suicide. When Sudipa refused to do such a thing the appellant became angry and told her that there was no other way to get rid of her mother. So, Sudipa kept all the articles brought by the appellant in the house and concealed them. On 20-3-1991 Sudipa and appellant moved together from 10 a.m. till about 4.15 p.m. Sudipa then went home and the appellant followed her at about 6.30 p.m. The appellant told Sudipa that she should make her mind strong and do whatever was required to be done otherwise she would suffer for the rest of her life. He even threatened her that if she did not do what was suggested to her then he would remain away from her. The appellant then gave her a packet of sweets containing 'kalogams' and 'sitabhog' and told her to mix poison with two 'kalojams.' Sudipa mixed some quantity of sodium cyanide with two 'kalojams' and returned them to the appellant. The appellant then waited for the mother of Sudipa to come upstairs. By that time the appellant had assured that the grand mother and grand father of Sudipa were on the ground floor and the father of Sudipa had gone out. At about 8.20 p.m. Sudipa's mother went on the first floor and entered the bed room where the appellant and Sudipa were sitting. The appellant told her that as promised earlier he had brought sweets for her and so saying placed one Kalojm in the hand of Sudipa's mother. Sudipa could not bear this sight and went out of the room. At that time Sudipa's father was seen coming upstairs. She immediately went back to the bed room and told the appellant about it. The appellant then picked up one 'kalojam' and one 'sita-bhog' and told her to give those sweets to her father. Sudipa then went to her father's room and placed them on the table. She then went down stairs to find out what her grand mother and grand father were doing. After finding them there she again went upstairs and when she peeped into her father's room she saw that her father had eaten those sweets and was gasping for breath. Seeing the precarious condition of her father she rushed to the appellant and told him about it. She again went to her father's room and seeing that her father was almost collapsing asked the appellant as to why he had killed her father. The appellant told her that as her father had seen him giving 'Kalojam' to her mother and would have named him as the person who had given poisoned sweet, he was also required to be finished. He then asked her to follow his instructions and warned her that if she did not do so her death was also inevitable. Sudipa had become highly perplexed and did what the appellant had told her to do. Seeing the grand parents coming up the appellant asked Sudipa to leave the house immediately. When the grand mother reached the first floor the appellant gave her one 'Kalojam' and when she asked for water the appellant gave her water mixed with mercury chloride. Sudipa returned at about 9.30 p.m. When she enquired as to where her grand father was the appellant told her that the grand father had also suffered the same fate as others. The appellant then told her to follow his instructions and threatened her that if she did not do so all the people would blame her for the murders of those persons. Thereafter an attempt was made by both of them to conceal or destroy the articles used for killing the four persons and wash off finger prints of the appellant. The appellant then told her that he would leave the place after tying her up and after some time she should raise an alarm and tell others that some unknown persons had come to her house to meet her father and that she was tied up in that manner by those persons. The appellant left Sudipa's house at about 11 p.m. As instructed by the appellant Sudipa remained tied up for sometime and raised cries thereafter. Hearing her cries the neighbours had come there and untied her hands. The police was called. Initially, Sudipa gave the same version which she was instructed to say to others by the appellant. On the next day the appellant remained with Sudipa and gave her instructions not to divulge the truth about the incident. Sudipa then stayed with different relatives for few days. During that period the appellant used to meet and instruct her not to disclose the truth. ;