IN THE HIGH COURT OF ORISSA, CUTTACK DSREF No.01 of 2021 From judgment and order dated 21.10.2022 passed by the Sessions Judge -cum- Special Court, Rayagada in Criminal Trial No.08 of 2020.

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State of Odisha -Versus-

1. Dengun Sabar 2. Dasunta Sabar 3. Aajanta Sabar

4. Padhantu Sabar

5. Dalasa Sabar 6. Malku Sabar

7. Bubuna Sabar

8. Lakiya Sabar

9. Iru Sabar ....... Condemned Prisoners/

Accused For Condemned Prisoners/Accused: - Mr. Himansu Bhusan Dash Advocate CRLA No.750 of 2021

1. Dengun Sabar 2. Dasunta Sabar 3. Aajanta Sabar

4. Padhantu Sabar

5. Dalasa Sabar 6. Malku Sabar

7. Bubuna Sabar

8. Lakiya Sabar

9. Iru Sabar ....... Appellants -Versus-

State of Odisha ....... Respondent For Appellants: - Mr. Manas Kumar Chand Advocate For State of Odisha: - Mr. Arupananda Das Addl. Govt. Advocate ---------------------

P R E S E N T:

THE HONOURABLE MR. JUSTICE S.K. SAHOO AND THE HONOURABLE MR. JUSTICE R.K. PATTNAIK ---------------------------------------------------------------------------------------

Date of Judgment: 15.01.2025 ---------------------------------------------------------------------------------------

S.K. Sahoo, J: In the words of great scholar, Swami Vivekananda, “Drive out the superstition that has covered your minds. Let us be brave. Know the truth and practice the truth. The goal may be distant, but awake, arise, and stop not till the goal is reached.”

Even though we are in 21^st 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 case in hand is depicts sordid state of affairs where accusations of practising witchcraft led to commission of triple murder of Asina Sabar, Amabaya Sabar and Ashamani Sabar in village Kitum in the evening hours of 9^th September

2016 under Puttasing police station in the district of Rayagada.

The nine condemned prisoners in DSREF No.01 of

2021 who are also the appellants in CRLA No.750 of 2021 initially faced trial in the Court of learned Addl. Sessions Judge, Gunupur, Rayagada in Criminal Trial No.07 of 2017 for commission offences punishable under section 302, 201, 342, 506 read with section 34 of the Indian Penal Code (hereafter for short „I.P.C.‟) and section 4 of the Odisha Prevention of Witch Hunting Act, 2013 (hereafter „OPWH Act‟) and vide judgment dated 11.04.2018, they were found guilty under sections 302, 201, 365, 342, 506 read with section 34 of I.P.C. and section 4 of OPWH Act and vide sentence dated 13.04.2018, they were awarded different sentences under different charges, inter alia, death sentence for the offence under section 302 of the I.P.C. The case records were submitted to this Court for confirmation of death sentence under section 366 of Cr.P.C. and accordingly, DSREF No.01 of 2018 was registered. The appellants also preferred JCRLA No.46 of 2018 challenging the aforesaid judgment dated 11.04.2018 and sentence dated 13.04.2018 passed by the learned trial Court. Both the matters i.e., DSREF No.1 of 2018 and JCRLA No.46 of 2018 were heard analogously and this Court vide judgment and order dated 05.11.2019, set aside the judgment and order of conviction and remanded the matter to the learned trial Court with a direction to add charges under sections 364 and 365 of I.P.C. and to proceed keeping in view the provision under section 217 of Cr.P.C.

After remand of the case, the case was tried in the Court of learned Sessions Judge -cum- Special Judge, Rayagada and it was renumbered as C.T. Case No.08 of 2020 and charges were framed against the nine appellants for commission of offences under sections 342, 364, 365, 302, 201, 506 read with section 34 of I.P.C. and section 4 of OPWH Act and the learned trial Court vide judgment and order dated 21.10.2021 found the appellants guilty