HC Commutes Death Sentence in 2017 ‘Witchcraft Murder’

Soumyadip Mullick | MP | 23 July 2025, | Kolkata: The Calcutta High Court has commuted the death sentence of a man convicted of beheading his grandmother in a case of suspected witchcraft-related violence, citing his mental health condition, socio-economic background and potential for reformation.

A division bench comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi delivered the verdict, which confirmed the conviction of the accused for the murder but substituted the death penalty with life imprisonment.

The incident occurred in February 2017 in a village in Jhargram district. According to the prosecution, the accused forcibly dragged his grandmother to a nearby temple and beheaded her with a sharp weapon. The act was allegedly motivated by a belief that the elderly woman was a witch.

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The crime was reported by the victim’s daughter, who witnessed the killing and later lodged a police complaint. Her testimony, along with that of her husband and father, formed the core of the prosecution’s case. All three were examined as witnesses and described how the accused struck the victim with a weapon after forcing her to bow before the temple idol.

The autopsy report, conducted by a government doctor, confirmed that the victim died due to decapitation. The injuries described in the report were consistent with the weapon and method described by the eyewitnesses.

The High Court found the evidence credible and corroborated by medical findings. While the defence pointed to inconsistencies and the absence of independent witnesses, the court held that the testimonies of close relatives were not inherently unreliable, particularly when supported by other evidence.

However, the bench observed that the trial court had not adequately considered mitigating factors before awarding the death sentence. Reports submitted during the appeal confirmed that the convict, aged 28, had a history of mental illness triggered by a fall from a bus. He was described as being of poor background, with no prior criminal record and a record of good conduct in custody.

The court concluded that the convict was not beyond reformation and that the case did not fall under the ‘rarest of rare’ category required for the imposition of capital punishment.

The bench directed that the sentence be commuted to life imprisonment and that correctional home records be updated accordingly. The period already spent in custody will be set off against the life sentence.