Meghalaya High Court Acquits Woman In Husband & Son's Murder Case, Flags Defective Confession & Weak Evidence
The Meghalaya High Court set aside conviction of a woman, who had been sentenced to life imprisonment for the alleged murder of her husband and for causing grievous injury to her minor daughter. The Court held that the prosecution failed to establish guilt beyond reasonable doubt, particularly in a case resting entirely on circumstantial evidence.A Division Bench of Justice Revati Mohite...
The Meghalaya High Court set aside conviction of a woman, who had been sentenced to life imprisonment for the alleged murder of her husband and for causing grievous injury to her minor daughter. The Court held that the prosecution failed to establish guilt beyond reasonable doubt, particularly in a case resting entirely on circumstantial evidence.
A Division Bench of Justice Revati Mohite Dere and Justice W. Diengdoh remarked that:“We in the facts, find that the prosecution has miserably failed to prove its case i.e., the circumstances, against the appellant, by leading cogent, legal and admissible evidence and that the chain of evidence is far from complete.”
The Court further reiterated that: “the prosecution has to prove its case on its own steam… Section 106 cannot be invoked to make up the inability of the prosecution…”
Background:
The case arose from an incident where the appellant was alleged to have assaulted her husband and children with a sharp cutting weapon. Her husband and son succumbed to injuries, while her daughter survived with grievous injuries.
Investigation was conducted, a chargesheet was filed and the trial court convicted her under Sections 302 and 326 of the IPC, primarily relying on a confession allegedly recorded under Section 164 CrPC.
The High Court observed that the entire case of the prosecution was based on circumstantial evidence. It stated that the circumstances from which the conclusion of guilt is to be drawn should be fully established and there must be a chain of evidence.
The Court remarked that there was absolutely no evidence to show, what happened inside the house as none of the witnesses had last seen the appellant with the deceased.
Thus, the Court quashed the conviction and acquitted the appellant.
Case Name: Smti. Porthmi v/s The State of Meghalaya
Case No.: Crl.A.No.14/2021
Date of Decision: 18.03.2026
For the appellant: Mr. S.P. Mahanta, Sr.Adv with Ms. L.D.N. Thangkhiew, Adv Mr. D. Das, Adv Mr. K. Deb, Adv Ms. D. Ray, Adv
For the Respondent: Mr. K. Khan, AAG with Mr. S. Sengupta, Addl.PP Mr. A.H. Kharwanlang, Addl.PP