Supreme Court Maintains Life Imprisonment Verdict in West Bengal Witchcraft-Related Murder
In a significant judgment, the Supreme Court of India upheld the life imprisonment sentence of two individuals involved in a 1993 witchcraft-related murder in Purulia, West Bengal. The apex court’s decision came after a thorough review of the case, where the victim was labeled a “diayen” (witch) and was accused of causing trouble to the villagers through her alleged practices.
The incident unfolded when the victim and her daughter-in-law were returning home after their daily activities. They were ambushed and surrounded by a group of five men. The victim faced a brutal assault, with weapons like tangi, tabala, and lathi targeting her head. The severity of the attack led to her instantaneous death.
Witness testimonies played a pivotal role in the case. Multiple witnesses confirmed that the group had labeled the woman a “diayen” and held her responsible for the village’s misfortunes. The testimonies were found to be consistent and reliable by the court.
The bench, comprising Justices Abhay S. Oka and Justice Pankaj Mithal, emphasized the shared intention behind the crime. They stated,
“The very fact that they had assembled in the morning and surrounded (gheraoed) the deceased with deadly weapons is a sufficient indication to infer that they had surrounded (gheraoed) in a pre-planned manner with a pre-determined mind.”
While two of the accused, Bandhu Gorain and Rajen Gorain, were unarmed and might not have directly assaulted the victim, the court observed that they were undoubtedly part of the group with a shared intent to commit the crime. The court noted,
“Notwithstanding that two of the accused persons Bandhu Gorain (A-3) and Rajen Gorain (A-5) had no weapons with them or might not have assaulted the deceased but certainly they were part of the team that surrounded (gheraoed) the deceased with the common intention to kill after they had an altercation with her the previous night on the subject of practicing witchcraft.”
Both the trial court and the Calcutta High Court had previously convicted all five accused, sentencing them to rigorous life imprisonment. Three of the convicts had their appeals dismissed by the Supreme Court in 2011. The recent judgment pertained to the remaining two, Bhaktu Gorain and Bandhu Gorain.
After a comprehensive review of the evidence and testimonies, the Supreme Court found no discrepancies in the case. The court affirmed,
“In the light of the above clinching evidence and in the absence of any specific lacuna in the testimony of the witnesses and the documentary evidence adduced, we are of the opinion that the trial court had not committed any error in convicting and sentencing the accused persons with imprisonment of life.”
However, the court also acknowledged that the appellants had already served 15 years in jail. They were granted the right to seek remission based on the state’s prevailing policy, which would be evaluated on its merits.
Case Title: Bhaktu Gorain v. State of West Bengal
