New Delhi: The Supreme Court has upheld the conviction and life imprisonment of Balku Oram in a 1998 murder case in Odisha, observing that the killing was driven by superstition and an allegation of witchcraft.

A Bench comprising Justices Prashant Kumar Mishra and N.V. Anjaria on Thursday dismissed Oram’s appeal against the September 29, 2022 judgment of the Orissa High Court, which had upheld his conviction under Section 302 read with Section 34 of the Indian Penal Code (IPC).

According to the prosecution case, Puni Naik was allegedly branded a practitioner of witchcraft after the death of the youngest daughter of Manobodha Naik in Gundibali Luhakera village under Sector-15 police station in Rourkela, Sundargarh district, on February 17, 1998.

The prosecution alleged that Oram and co-accused Udai Oram dragged Puni Naik from her house and assaulted her near Manobodha Naik’s residence. Puni Naik subsequently died from the injuries during the early hours of February 18.

The incident was witnessed by Puni Naik’s daughter, referred to as P.W.3 in the judgment. She later accompanied her maternal uncle to the police station and lodged a complaint at around 11 am on February 18, leading to the registration of FIR No. 19/1998.

The Trial Court convicted Oram and the co-accused based primarily on the testimony of P.W.3 and sentenced them to life imprisonment. The Orissa High Court subsequently upheld the conviction.

Before the Supreme Court, Oram challenged the conviction, arguing that P.W.3 was a relative of the deceased and therefore an interested witness. He also contended that her testimony lacked independent corroboration and that the case should be treated as culpable homicide not amounting to murder under Section 304 of the IPC on the ground of grave and sudden provocation.

The Supreme Court rejected these arguments, holding that a witness cannot be considered unreliable merely because the person is related to the victim. The Court observed that P.W.3 was a natural eyewitness and that her testimony remained consistent and was corroborated by medical evidence.

The Court reiterated that a conviction can be based on the testimony of a single witness if that evidence is found to be credible and trustworthy. It stressed that the quality of evidence, rather than the number of witnesses, is decisive in a criminal trial.

The Bench also examined the post-mortem findings, which recorded multiple injuries, including bruises and wounds on the head, neck, chest, abdomen, shoulder and thighs. The Court held that the nature and extent of the injuries demonstrated the intention to cause death and rejected the plea to reduce the conviction to an offence under Section 304 of the IPC.

On the delay in lodging the FIR, the Supreme Court noted that the incident took place at night and P.W.3 was only 15-16 years old at the time. The Court said it was natural for a young girl who had witnessed the brutal killing of her mother to be in shock and despair. The delay until the following morning was therefore adequately explained.

Supreme Court condemns witch-hunting

While upholding the conviction, the Supreme Court made strong observations against the practice of witch-hunting, describing it as an “anathema to human dignity.”

The Court said superstition, prejudice and irrational fear continue to affect sections of society, with women often becoming victims of torture, violence and social ostracisation after being branded as witches.

It emphasised that reason and scientific temperament must prevail over irrational beliefs and warned that practices such as witch-hunting are inconsistent with constitutional values of equality, fraternity and human dignity.

The Bench observed that the case should serve as a reminder that justice must prevail over superstition and irrational beliefs.

The Supreme Court accordingly dismissed the appeal and affirmed the conviction and sentence imposed on Balku Oram.