Appellants' Conviction Altered from Murder to Administering Poison in 2009 Train Incident; Court Criticizes TTEs for Dereliction of Duty
In a significant judgment, the Calcutta High Court has modified the convictions of Aloke Ghosh and Gopal Mistry, previously charged with murder under Section 302 of the Indian Penal Code (IPC), to a lesser charge under Section 328 IPC—administering poison with intent to commit theft. The decision, rendered by Justices Rajasekhar Mantha and Biswaroop Chowdhury on July 7, 2026, highlights grave lapses in both investigation and railway procedures that contributed to the tragic incident aboard the Teesta Torsa Express.
The appellants had been previously convicted by the Second Additional Sessions Judge, Sealdah, for multiple offenses including theft, attempted murder, and murder, resulting in a life sentence under Section 302/34 IPC. However, upon appeal, the High Court found that the necessary intent to cause death was absent, as the appellants' motive was primarily theft. Consequently, the conviction was modified to Section 328 IPC, which carries a maximum sentence of seven years.
The case dates back to February 23, 2009, when victims Arun Chakraborty and Sunil Kumar Das were found in a semi-conscious state on the train after being administered sleeping medication by the appellants, who intended to rob them. Sunil Kumar Das tragically succumbed to the effects of the poison due to pre-existing health conditions, while Arun Chakraborty survived after extensive hospitalization.
The High Court's judgment underscores multiple failures in the investigation, notably the lack of a Forensic Science Laboratory (FSL) report on the viscera of the deceased and inadequate evidence collection by the investigating officer. Furthermore, the judgment criticizes the dereliction of duty by Traveling Ticket Examiners (TTEs), who were found to be complicit in selling berths for bribes, thereby facilitating the occurrence of such crimes.
The court has directed Eastern Railway and other railways to impose stringent penalties on TTEs engaging in corrupt practices to prevent the recurrence of similar incidents. It has also called for more diligent investigative practices to safeguard passengers' life and liberty.
The appellants, having already served significant time in custody, were released forthwith upon executing a bond under Section 437A of the Criminal Procedure Code, corresponding to Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The appeals were allowed in part, with the court emphasizing the necessity for stricter oversight and accountability in railway operations.
Bottom line:-
Conviction under Section 302 of IPC not sustainable in absence of requisite intent to cause death; conviction modified to Section 328 of IPC.
Statutory provision(s): Indian Penal Code, 1860 Sections 302, 328, 34; Criminal Procedure Code, 1973 Section 437A; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 481
Aloke Ghosh v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2936835
