The Supreme Court has acquitted a lady whose conviction by Trial court for the murder of her husband was confirmed by the High Court.
The prosecution case was that the lady along with her father and nephew committed murder of one Murugesan by strangulating him with a saree and placed his body under a bridge of canal. The Trial Court had convicted the lady and her father. But the High Court, acquitted the father, but confirmed her conviction. She appealed to Supreme Court.
The Bench comprising of Justices Jagdish Singh Khehar and Arun Mishra observed: “No internal and external injury has been mentioned in the autopsy report. Thus, the prosecution has not been able to establish that the death was caused by strangulating the deceased and the piece of nylon saree was used to cause the death. Hence, recovery of the piece of nylon saree is of no value as the prosecution has not been able to link the same with the commission of the offence.”
Acquitting the lady, the Court said: “The prosecution has not been able to complete the chain of circumstances so as to fasten the guilt and to prove the commission of offence by the appellant beyond periphery of doubt. The father of appellant has also been extended benefit of doubt. As such, the appellant is entitled for benefit of doubt in view of the evidence which has been adduced by the prosecution.”
Read the Judgment here.