Pre-Planned Manner with a Pre-Determined Mind": Supreme Court Upholds Conviction in Witchcraft-Related Murder Case

In a significant judgement, the Supreme Court has upheld the life sentence for the two remaining accused, Bhaktu Gorain (A-1) and Bandhu Gorain (A-3), in the infamous witchcraft-related murder case that originated from West Bengal. The court dismissed the appeal arguing against "common intention" to commit the crime, affirming the judgement of the High Court.

Justice Pankaj Mithal observed, "The very fact that they had assembled in the morning and surrounded (gheraoed) the deceased with deadly weapons is sufficient indication to infer that they had surrounded (gheraoed) in a pre-planned manner with a pre-determined mind."

Background

The case dates back to 1993, when a group of five accused had been convicted of murdering Smt. Keshari Mahato after accusing her of witchcraft. The High Court had earlier confirmed the life sentences for all the accused. However, appeals for three were dismissed in 2011, leaving Bhaktu Gorain and Bandhu Gorain as the remaining appellants in the case.

Witnesses and Evidence

The judgement emphasized that eye witnesses, including the family members of the deceased, were credible and consistent in their testimony. The court noted, "It may be pertinent to mention here that all the aforesaid witnesses successfully stood the test of cross-examination and nothing could be extracted from them in cross-examination that could discredit their testimony."

Medical Report

Further substantiating the case, the post-mortem report indicated that the injuries sustained by the deceased were consistent with the weapons described by the witnesses. Dr. A.K. Hazari, who conducted the post-mortem, was quoted in the judgement, describing the injuries as severe enough to cause immediate death.

Rejected Argument

The defense’s submission arguing that there was no common intention to commit the murder was flatly rejected by the court. "The submission is devoid of any merit as admittedly an altercation had taken place between the parties on the previous night in which all the five accused persons were present, and it is in furtherance of the said quarrel that all of them had appeared in the morning with reinforced vengeance," stated Justice Mithal.

Date of Decision: SEPTEMBER 12, 2023

BHAKTU GORAIN & ANR.  vs THE STATE OF WEST BENGAL    

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