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Legal Case Shots

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Criminal LawSupreme Court of India

Bhaktu Gorain & Anr. vs The State of West Bengal

Criminal Appeal · 2023 INSC 821Decided 12 Sept 2023
Criminal Appeal No. 20 of 2014
Abhay S. Oka · Pankaj Mithal

Background

A group of five men were convicted of murdering an elderly widow whom they accused of practising witchcraft, after an altercation the previous night over alleged harm caused to a fellow villager's wife. Early the next morning they surrounded her and her daughter-in-law near a pond, and she was fatally struck on the head with sharp weapons. The trial court convicted all five and the High Court affirmed; by the time the matter reached the Supreme Court, only two of the original accused, Bhaktu Gorain and Bandhu Gorain, remained appellants, the others' appeals having already been dismissed earlier.

Decision Breakdown

The Supreme Court examined the eyewitness testimony of the deceased's sons and daughter-in-law, all of whom survived cross-examination without being discredited, along with medical evidence showing fatal head injuries consistent with the weapons used. The Court rejected the argument that the accused only meant to "teach the deceased a lesson" and lacked common intention, holding that their assembling together the next morning armed with weapons, following the previous night's quarrel, showed a pre-planned, shared intention to kill. The conviction and life sentence were upheld and the appeal dismissed, though the Court noted the appellants had already served substantial time in custody and directed the State to consider any remission application on its merits within three months.

Lesson Learnt

Acting together as part of a group that surrounds and attacks a victim after a prior altercation can establish "common intention" for murder under the law, even for members who did not personally strike the fatal blow.

Bhaktu Gorain & Anr. vs The State of West Bengal – Legal Case Shots | LegalAware