Gauhati High Court Upholds Life Sentence in Witchcraft-Suspected Murder Case

The Gauhati High Court has slammed the door on a convict seeking relief from a life sentence, ruling that a premeditated assault fueled by suspicions of witchcraft constitutes murder under the IPC. The court held that the presence of multiple eyewitnesses, corroborated by scientific evidence and a voluntary surrender with the murder weapon, leaves no room for doubt regarding the perpetrator's culpability.

A Division Bench comprising Justice Michael Zothankhuma and Justice Rajesh Mazumdar delivered the judgment while hearing a jail appeal challenging a conviction for murder. The Bench scrutinized the testimony of ocular witnesses and the forensic links that connected the appellant to the brutal slaying of his wife.

Key Takeaways

Scientific Corroboration is Vital

The Gauhati High court emphasized that FSL reports confirming human blood on a seized weapon serve as a powerful link in the chain of evidence when paired with eyewitness accounts.

Witchcraft Suspicions No Excuse for Violence

The judgment reinforces that subjective beliefs or delusions regarding witchcraft do not mitigate the gravity of a violent assault or provide a legal shield against a murder conviction.

Reliability of Ocular Testimony

The bench reiterated that the consistent testimonies of family members and neighbors, who witnessed the chase and the assault, carry significant weight in trial court findings.

Court Upholds Guilt Based on Ocular and Forensic Evidence

The High Court carefully evaluated the evidence of 11 prosecution witnesses, noting that the son and mother-in-law of the deceased were direct eyewitnesses to the crime. The bench found that the appellant had not only been seen chasing a witness with a 'dao' but was also observed striking the deceased multiple times. The medical evidence provided by the doctor who conducted the post-mortem further solidified the prosecution's case, describing deep chop wounds consistent with a heavy sharp cutting weapon.

Rationale Behind the Judgment

The Gauhati High Court, in its reasoning, observed: "A perusal of the evidence of the Prosecution Witnesses shows that there is nothing to doubt the truthfulness of the evidence of the eyewitnesses... The evidence of the Doctor (PW-9) corroborates the evidence of the PW-2 and PW-5, with regard to the appellant assaulting the victim with a dao. The explanation given by the appellant during his examination under Section 313 Cr.P.C corroborates the evidence of the eyewitnesses that he was at the place of occurrence and had assaulted the victim. The FSL report has also corroborated the fact that the dao was the weapon used for killing the deceased."

Ratio

A conviction under Section 302 of the IPC is sustainable when the testimony of multiple credible eyewitnesses is corroborated by medical evidence of fatal injuries and forensic confirmation of human blood on the weapon surrendered by the accused, even if the accused claims the act was prompted by a belief in witchcraft.

Background

The case originated from an FIR filed in August 2021, alleging that the appellant killed his wife, Bijay Laxmi Konwar, with a sharp weapon. The appellant subsequently surrendered at the Rajgarh Outpost with a bloodstained 'dao'. During the trial, the appellant attempted to justify his actions under Section 313 of the Cr.P.C., claiming the deceased was practicing witchcraft on him, causing him body pain, and that he acted in self-defense.

However, the Sessions Judge, Dibrugarh, convicted him under Section 302 of the IPC. The Gauhati High Court, upon reviewing the records, found the 'witchcraft' plea unsubstantiated and the evidence of the eyewitnesses (PW-2 and PW-5) to be entirely truthful. Consequently, the High Court affirmed the life imprisonment sentence.

Case Details:
Case No.: CRL.A(J)/98/2024
Case Title: Khilendra Konwar vs. The State of Assam
Appearances:
For the Petitioner(s): Mr. N.K. Barua, Amicus Curiae
For the Respondent(s): Ms. B. Bhuyan, Sr. Adv. & APP, Assam; Ms. R. Saloi, Adv.

Source: 2026 CaseBase(GAU) 1458