Calcutta HC Commutes Death Sentence Of Seven For Witch-Hunting 3 Women, Says When Motive Is Engrained In Psyche, Judicial Execution Doesn’t Help [Read Judgment]

State told to implement court guidelines in Moyna Murmu case, bring in legislation The Calcutta High Court has commuted to life the death sentence of seven men guilty of killing three women believing them to be witches while noting that when motive of crime is engrained in psyche, judicial execution does not help and that cases like this reflected upon the failure of the state to perform its constitutional duty of spreading universal education to the darkest corner.The decision was taken by a bench of Justice JoymalaBagchi and Justice Moushumi Bhattacharya, which also directed the state government to implement guidelines issued by the court in the year 2016 to check the crime of witch-hunting by mounting effective surveillance, compensation to victims etc.In the part of the judgment penned by Justice JoymalaBagchi, he commuted to life the death sentence awarded to Sani Mandi, Bhaku Singh, Rabin Singh, Mangal Singh, Nura Singh, Somai alias Samai Mandi and Kali Singh while upholding the life term awarded to four others—Chhabi Singh, Panchami Singh, Kuni @ Kuri Singh, Lakshmi Singh @ Kuni.The lifers have also been slapped a fine of Rs 60,000 each.The court, however, acquitted two co-convicts Chandmoni Singh and Jayanti Singh @ Jayeti who had been sentenced to life.All the men are members of Munda community, a Scheduled Tribe residing at Dubrajpur and Haridaspur villages in the district of Paschim Medinipur.They had been booked for murdering three women—Sambari Singh, Fulmani Singh and Sombari Singh—believing them to be witches responsible for the ills and diseases facing their village.On October 16, 2012, under the leadership of one Thoba Singh, who is absconding still, a meeting was organised where the three women were declared witches and asked to pay a fine of Rs 60,000 which was far from their paying capacity.Due to their failure to pay the fine, the women were assaulted with fists and blows and dragged to river Kangsabati where their bodies were found the next morning buried on the bank.The families of the victims intervened but were threatened.While upholding the conviction of all but two by carefully examining the role of each of them in the crime and holding those guilty whose role are corroborated by two or more witnesses (as laid down by the apex court in case titled Busi Koteswara Rao and Ors. vs State of A.P.) Justice Bagchi said, “In view of the legislative scheme under section 354(3) read with section 235(2) Cr.P.C…I hold it is the duty of the Court at the time of hearing on sentence to call upon the prosecutor and the defence to adduce evidence in support of the aggravating and mitigating factors available in the case and thereupon come to a conclusion as to whether upon a balance sheet of the aggravating and mitigating factors so established the case falls within the category of ‘rarest of rare’ cases, justifying imposition of death penalty.”“I am constrained to observe that the Trial Court has not followed such wholesome procedure and had failed to intimate the parties of their right to lead evidence or place materials in support of the aggravating and mitigating circumstances available to them. The Court merely adjourned the matter to a subsequent date for hearing on the point of the sentence. Such procedure adopted by the trial Court belies a mechanical approach towards sentencing even when it chose to impose the extreme sentence of death,” said Justice Bagchi.He then embarked upon preparing a balance-sheet of aggravating and mitigating circumstances to assess if alternative sentence of life imprisonment is wholly inadequate in the facts of the case.Crime rooted in ignorance and blind superstitionJustice Bagchi noted that “apart from noticing illiteracy as a mitigating factor, the trial Judge has not adverted to other circumstances and attributes of the convicts in order to determine the mitigating factors palpable in the instant case. He completely glossed over the fact that the appellants were also the members of Scheduled Tribe community to which the victims also belonged”.“In the instant case, the appellants committed the crime without premeditation and being blinded by the superstitious belief that the victims were ‘witches’. They laboured under such unfounded belief and when the victims were unable to pay the fine imposed for their sins, proceeded to murder them. Motive of the crime is rooted in ignorance and blind superstition. It is sad even six decades after Independence the citizens of our country labour under such unscientific and dark beliefs like witchcraft prompting them to commit crimes as the present one,” he said.When motive rooted in psyche, judicial execution of guilty won’t prevent recurrenceJustice Bagchi went on to observe that, “No doubt one may express outrage and hand out death sentences as deterrent punishments for the commission of murder of three hapless women of the Scheduled Tribe community at the hands of their own brethren”.“When the motive of crime is deeply...

Calcutta HC Commutes Death Sentence Of Seven For Witch-Hunting 3 Women, Says When Motive Is Engrained In Psyche, Judicial Execution Doesn’t Help [Read Judgment]

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