Orissa HC commutes death sentence to life imprisonment for nine in Rayagada triple murder case

The convicts had faced trial for murder under Indian Penal Code and Odisha Prevention of Witch-Hunting Act, 2013.
Orissa High Court
Orissa High Court(File Photo)
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CUTTACK: Death sentence awarded to nine persons convicted in the 2016 Rayagada triple murder over sorcery suspicion was commuted to life imprisonment by the Orissa High Court here on Wednesday.

The convicts had faced trial for murder under Indian Penal Code and Odisha Prevention of Witch-Hunting Act, 2013.

The Rayagada villagers - Dengun Sabar, Dasunta Sabar, Aajanta Sabar, Padhantu Sabar, Dalasa Sabar, Malku Sabar, Bubuna Sabar, Lakiya Sabar and Iru Sabar - had branded the victims Asina Sabar, his wife Amabaya Sabar and elder daughter Ashamani Sabar as witches, holding them responsible for the deaths of children in their village.

Accusing the trio of practising sorcery, the accused had assaulted the three before injecting pesticides in their sensitive body parts and buried them alive. Later, the accused exhumed the bodies and set them ablaze.

Terming it a rarest of rare case, the court of additional sessions judge, Gunupur had awarded death sentence to nine of them on October 21, 2021.

While the state government filed a Death Sentence Reference Case for confirmation of death penalty, the nine convicts filed a criminal appeal basing on which the HC commuted the death penalty to life imprisonment without remission and commutation.

The division bench of Justices Sangam Kumar Sahoo and RK Pattanaik said the state has not placed on record any evidence to show that there is no possibility with respect to reformation or rehabilitation of the appellants. The reports furnished by senior superintendent of Koraput Jail in which the appellants have been lodged for more than eight years show that their conduct during incarceration has been satisfactory, the bench stated. 

“In view of the foregoing discussions and giving our anxious consideration to the facts and circumstances of the case and striking a balance between the aggravating and mitigating circumstances in the case, we are of the humble view that death penalty would be disproportionate, unwarranted and life imprisonment would be a more appropriate sentence,” the bench ruled.

The HC directed the state government for payment of `30 lakh compensation - Rs 10 lakh for each death under the Odisha Victim Compensation (Amendment) Scheme, 2018 within four weeks taking into consideration the young age of the three surviving children of the murdered couple and their future liabilities.

“Even though we are in 21st century, the old superstitions of witch-hunting are still alive in some parts of rural areas of our country mainly on account of lack of education and it leads to innocent individuals, often women, fall prey to the practice, publicly targeted, face persecution, torture and even gruesome murders on unfounded accusations of practising witchcraft,” the Bench also observed, while acquitting, the nine of the charges under Section 4 of the Odisha Prevention of Witch-Hunting Act, 2013.

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