The Orissa High Court has acquitted a man who had been serving a life sentence in a 2002 murder case, holding that the prosecution failed to establish his guilt beyond reasonable doubt. The Division Bench found significant contradictions in the evidence of key witnesses and ruled that the trial court had overlooked serious gaps in the prosecution's case before convicting the accused.
Background of the Case
The appeal was filed by Babu Das, who challenged the judgment dated October 31, 2003, passed by the Additional Sessions Judge (Fast Track Court), Chatrapur. He had been convicted under Section 302 of the Indian Penal Code for the murder of Natabara Gouda and sentenced to life imprisonment along with a fine.
According to the prosecution, the incident took place on May 28, 2002. It alleged that the accused attacked Natabara Gouda with a wooden stick after suspecting him of practising witchcraft against him and his brother. An FIR was registered, and following investigation, a charge sheet was filed for murder.
During the trial, the accused denied the allegations and claimed that he was not present in the village at the time of the incident.
Court's Observations
The Division Bench of Justice Manash Ranjan Pathak and Justice Sashikanta Mishra carefully examined the evidence and found that the prosecution's case suffered from serious weaknesses.
The Court noted that out of 15 prosecution witnesses, 11 had turned hostile. It observed that the testimony of the remaining key witnesses also contained material contradictions regarding the sequence of events and the presence of the accused.
The Bench observed,
"The prosecution case is not free from reasonable doubts."
The Court further held that although the medical evidence established that the death was homicidal, medical evidence alone could not identify the perpetrator without reliable eyewitness testimony.
Rejecting the prosecution's reliance on the recovery of the alleged weapon, the Bench said there was no independent corroboration to support the disclosure statement. It also found that the "last seen" theory could not be accepted because of inconsistencies in the statements of the prosecution witnesses.
The judges also expressed concern that the trial court had failed to appreciate these gaps in the evidence.
"The trial Court has not taken note of the aforementioned vital aspects and the apparent gaps in evidence. On the other hand, the trial Court has shifted the burden at times to the defence, which cannot be countenanced in law," the Bench observed.
Decision
Holding that the prosecution had failed to prove the charge beyond reasonable doubt, the Orissa High Court set aside the conviction and life sentence imposed on Babu Das.
Allowing the criminal appeal, the Court quashed the judgment of conviction dated October 31, 2003. Since the appellant was already on bail during the appeal, the Court directed that his bail bond be discharged, provided he was not required in any other case.
Case Details
Case Title: Babu Das v. State of Orissa
Case Number: CRLA No. 316 of 2003
Judges: Justice Manash Ranjan Pathak and Justice Sashikanta Mishra
Decision Date: June 23, 2026
