Basil Vs. State of West Bengal  INSC 43 (7 February 2000)
S.N.Phukan J U D G M E N T
The appellant and one Krtshnanendu 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 Krishnanendu aided and abetted the appellant in committing the
offence. He accordingly convicted the appellant under Sections 302 read with
120-B and 201 l.P.C.
convicted Krishnanendu under Sections 302 read with 109 l.P.C. He imposed death
sentence on both of them.
Challenging their , conviction and sentence the appellant and Krishnanencu filad
separate appeals in the Calcutta High Court. The learned, trial Judge also made
areference to the High Court for confirmation of the death sentence. The
appeals and the reference were heard together and were disposed of by A' a
common judgment. The.High Court confirmed the conviction and sentence of the
appellant but gave benefit of'doubt to Krishnanendu and acquitted him.
conviction and sentence have been confirmed the'appellant has filed this appeal
challenging the same.
prosecution version, as held ^proved by the evidence of P.W.2 Sudipa, was as
The family of Subhash .Chandra Pal (deceased) consisted of his parents, wife
and the only daughter Sudipa They were economically vvell-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' TX, her..father engaged the appellant as a private tutor to teach
her .certain, subjects' as he was residing hereby.
Sudipa used to go to his house, but after somatime the appellant, with the
consent of Sudipa's parents, started teaching her by going to her house every
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.
the relationship of Sudipa and appellant became more and more close the appelant
started tcuching her- body.
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 fi.Ti their respective schools, (d) On 24.9.1990 the appellant
had a headache when he was in the house of Sudipa, he hao lied down on a sofa
and Sudipa had rubbed Arnritanjan balm on her 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
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 ft 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
During the latter half or 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 completa influence
of the appellant and she had started believing that appellant was the only true
friend interested in her welfare.
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 tobies of compose with the medicine which her mother was taking every