Can’t invoke parity principle to acquit convict: High Court

Soumyadip Mullick, MP, 23 Feb 2025, Kolkata: Observing that the principle of parity cannot be invoked to grant acquittal to a convicted person when his partner in crime was acquitted, the Calcutta High Court dismissed appeals of four convicts in a 2004 political murder case. 

The bench of Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta was moved by four convicts in the murder of one Upen Roy whose sister was contesting the local election for a rival political party. 

A total of 19 accused persons broke open the door of Roy’s house on March 9, 2004 at 2:30 am, dragged him out and assaulted him with weapons such as iron rods. His wife was also attacked. 

Autopsy report revealed the cause of death was cardio-respiratory failure. Injuries were homicidal in nature. Interestingly, just before the incident, two persons were caught that night in a mustard field near the victim’s home for stealing. The court observed that it was a “mere ruse” to later attack Roy. 

Four out of 15 were convicted and the rest acquitted. Defence counsel argued that when the others got acquitted despite being accused on the same ground, the four appellants should also be acquitted. The court observed that the principle of parity cannot be invoked to grant acquittal to a convicted person when his partner in crime and a similarly situated person has been acquitted. 

However, the court found that two other accused persons who were acquitted were equally guilty of the offence in question. “It is for the state to take a decision with regard to appealing against their acquittal,” the court observed. On the murder charge, the counsel argued that the autopsy examiner observed that injuries found are not sufficient to kill a person. 

Save and except for haemorrhage, there was no internal injury. Court observed that evidence against the appellants, duly corroborated by the medical evidence, would clearly conclude that they intended to end Roy’s life to prevent him from campaigning for their rival political party. The court observed that the appeals failed in the face of witness evidence. 

https://www.millenniumpost.in/bengal/mamata-likely-to-form-counter-strategy-to-handle-negative-propaganda-against-party-599953