JUDGMENT

S.K.SAHOO, J. - Superstition poisons the mind. The feebler the mind is, the more space it creates for superstition. Once superstition starts ruling the mind, power of judgment what is good and what is bad vanishes. Murders and other serious crimes are continuing unabated in the name of witchcraft, sorcery and superstitious practices. The horrendous and lurid scenarios of the obsolescent superstition of witch-hunting have taken many an innocent lives. The tribal-dominated rural areas, where there is little access to medical care, education, justice and with widespread superstitions and beliefs, are prone to witch hunting. Witch hunting-related crime has many angles. More than the killings, the victims are subjected to abject humiliation, social ostracisation and torture. Incidents like severe beating, parading naked, feeding of excreta or chained to posts are common. The victims are mostly women, widows, issueless and unconventional ones who serve as healers or render services to the community. Lack of proper education, economic development, scientific temper and mass awareness programmes are the cause for superstitions which are violent, dangerous, destructive, harmful and inhuman. There is a need to change the mindset of the people which can help in eradicating superstitions. Enactment of Odisha Prevention of Witch Hunting Act, 2013 is one of positive steps in that regard for achieving the goal.

Here in this case, the horrendous crime took place on 08.09.2014 in village Bheja of Kalyan Singhpur Police Station in the district of Rayagada. The deceased Bhima Rao Attaka (hereafter ‘the deceased’) was dragged from his house by his covillagers suspecting him to be practising witchcraft and tied in an electric pole, assaulted mercilessly and then his dead body was packed in a gunny bag alongwith stones and tied with a plastic rope and thrown inside Nagavali river.

The petitioners in these three bail applications are the accused in Kalyan Singhpur P.S. Case No. 61 of 2014 corresponding to G.R. Case No. 421 of 2014 from the file of learned S.D.J.M., Rayagada in which charge sheet has been submitted under Sections 147, 148 302, 201 and 149 of Indian Penal Code.

2. Smt. Nandai Attaka, wife of the deceased set the criminal law into motion by presenting an FIR before Inspector in charge of Kalyan Singhpur Police Station on 08.09.2014 wherein she stated that on that day in the morning at about 6 a.m., accused persons Sadananda Attaka, Binod Attaka and Purusati Attaka dragged the deceased out of the house, assaulted him by kick blows and slaps and tied him in an electric pole. Subsequently some more co-villagers namely accused Lachi Palaka, Mohan Pallaka, Ajay Attaka, Raji Attaka, Pramesh Attaka, Mahesh Attaka, Iswar Attaka, Muna Attaka, Rama Attaka, Sily Attaka, Purusati Attaka and Udara Attaka assaulted the deceased by means of stones and lathies and killed him. The accused persons packed the dead body in a gunny bag, tied it and then accused Sadananda Attaka and Binod Attaka carried the dead body by means of a lathi and threw it in the river. It is further stated that accused Baraja Attaka instigated others to kill the deceased suspecting that the deceased was practising witchcraft. It is stated that Sandarao Pidisika, Chandradas Attaka and Satya Attaka are the eye witnesses to the occurrence.

3. On such First Information Report, Kalayan Singhpur P.S. Case No.61 dated 8.9.2014 was registered under Sections 302/201/109/34 of Indian Penal Code by the Inspector-incharge. During course of investigation, the Investigating Officer took the assistance of the Fire Brigade officials for tracing out the dead body in Nagavali river but became unsuccessful and on 11.9.2014, getting information that a gunny bag was lying on the bank of Nagavali river at Aduguda Ghat suspected to be carrying the dead body of the deceased, the Investigating Officer reached at Aduguda Ghat, opened the gunny bag in presence of others and found the dead body of the