Chhattisgarh High Court Reverses Acquittal, Convicts Accused of Murder in 1994 Witchcraft Case

Appellate Court overturns trial court verdict, sentences accused to life imprisonment for killing linked to witchcraft allegations  

In a landmark judgment delivered by the Chhattisgarh High Court, the appellate court reversed the trial court’s acquittal of the accused in a decades-old murder case linked to witchcraft allegations. The case, dating back to 1994, involved the brutal killing of Arjun, a resident of village Baniya Tora, allegedly due to witchcraft accusations during an exorcism ritual.

The High Court bench comprising Chief Justice Shri Ramesh Sinha and Justice Bibhu Datta Guru meticulously reviewed the trial court’s judgment, scrutinizing the evidentiary value of injured eyewitness testimonies and the admissibility of the post-mortem report. The trial court had acquitted the accused under Sections 302/149 and 307/149 of the Indian Penal Code, primarily citing the non-examination of the doctor who conducted the post-mortem.

However, the appellate court emphasized that the post-mortem report, duly admitted under Section 294 of the Criminal Procedure Code, holds significant evidentiary weight under Section 32(2) of the Indian Evidence Act. The testimonies of injured eyewitnesses, including Magan, Chhotu Ram, and Vishwasa Bai, were found credible, consistent, and corroborated by material evidence. The court highlighted the legal principles established by the Supreme Court regarding the high evidentiary value of injured eyewitnesses.

The incident, which occurred on February 5, 1994, involved the accused forming an unlawful assembly armed with lethal weapons, attacking the deceased Arjun and other family members. The High Court criticized the trial court for its reliance on conjectures and surmises, disregarding substantial evidence without justifiable basis.

Citing precedents set by the Supreme Court, the appellate court stated that the trial court’s judgment was perverse as it overlooked unimpeached and reliable evidence. Consequently, the High Court convicted the accused under Section 302/149 of the IPC and sentenced them to rigorous imprisonment for life with a fine.

The judgment serves as a stern reminder of the judiciary's role in upholding justice, ensuring that credible evidence is not disregarded due to procedural oversights. The accused have been directed to surrender before the trial court within a month, failing which they shall be taken into custody to serve their sentence.

Bottom Line:

Appellate Court has the jurisdiction to reappreciate evidence and reverse the trial Court's judgment of acquittal if it is found to be perverse and against the principles of law - Injured eyewitness testimony carries greater evidentiary value and cannot be discarded lightly unless compelling reasons exist.

Statutory provision(s): Section 378 CrPC, Section 27 Indian Evidence Act, Section 32 Indian Evidence Act, Sections 148, 452, 323/149, 302/149 IPC, Section 294 CrPC

State of Madhya Pradesh v. Rajano, (Chhattisgarh)(DB) : Law Finder Doc Id # 2805320