The Orissa High Court has acquitted a man who was convicted in 2003 for the murder of a villager allegedly killed on suspicion of practising witchcraft. Setting aside the life sentence imposed by the trial court, the High Court held that the prosecution failed to establish the accused's guilt beyond reasonable doubt and that significant gaps existed in the evidence.

A Division Bench of Justice Manash Ranjan Pathak and Justice Sashikanta Mishra observed that while the death was undoubtedly homicidal, medical evidence alone could not prove the accused's involvement in the crime.

The case related to the death of Natabara Gouda in May 2002. According to the prosecution, the accused, Babu Das, intercepted the deceased while he was returning to his village and assaulted him with a lathi, suspecting him of practising witchcraft. The deceased later succumbed to his injuries, following which an FIR was registered and the accused was prosecuted for murder under Section 302 of the IPC.

The Additional Sessions Judge, Chatrapur, had convicted the accused and sentenced him to life imprisonment. Challenging the conviction, the appellant argued that the prosecution's key witnesses were unreliable, the alleged recovery of the weapon was not properly proved, and there was no forensic evidence linking the weapon to the crime.

While hearing the appeal, the High Court found material contradictions in the testimonies of the prosecution witnesses. The Bench noted that the statements of the eyewitness and the deceased's son were inconsistent on crucial aspects of the incident, making their evidence unreliable.

The Court further held that the trial court had wrongly relied on the recovery of the alleged weapon despite the seizure witnesses turning hostile. It also rejected the prosecution's "last seen" theory due to contradictions in witness accounts.

Criticising the trial court's approach, the Bench observed that the burden of proof appeared to have been shifted to the defence at certain stages, which is impermissible in criminal law. The Court emphasized that suspicion, however strong, cannot substitute proof.

Concluding that the prosecution case suffered from several evidentiary deficiencies and failed to establish guilt beyond reasonable doubt, the High Court extended the benefit of doubt to the appellant and overturned the 23-year-old conviction.

Case: Babu Das v. State of Orissa
Court: Orissa High Court
Judgment Date: June 23, 2026
Result: Conviction under Section 302 IPC set aside; appellant acquitted.