Supreme Court Upholds Husband's Conviction For Wife's Murder, Finds Extra Marital Affair Motive Established

The Supreme Court on Monday (July 20) upheld the conviction of a husband for the murder of his wife, holding that the substantial number of call exchanges with his lover constituted valid circumstantial evidence establishing both the existence of an affair and the motive to remove the wife as a barrier to their relationship.A bench of Justice Dipankar Datta and Justice Satish Chandra Sharma dismissed the appeals filed by Piyush Shyamdasani (A1, husband), Renu @ Akhilesh Kanaujiya and Sonu Kashyap against their conviction, while also rejecting the State of Uttar Pradesh's appeal challenging the acquittal of Manisha Makhija(A2, alleged lover of A1).The court noted that the longstanding marital discord between the Appellant and deceased-wife, and the deceased's opposition to the illicit relationship between A1 and A2 formed a motive for the Appellant to kill the deceased wife. “…the motive was only to kill the deceased. An act of this nature, without any prior enmity and without any intention to extract money or property, could only be explained from the lens of A1's marital discord with the deceased and his long, and rather unusual, association with A2. Moreover, it is not difficult to infer that A1 and A2 were to benefit from the removal of the obstacle that the deceased was. The prosecution has, therefore, satisfactorily explained the aspect of motive.”, the Court observed.The case pertains to the event of July 2014.The prosecution alleged that the appellant-husband conspired to murder his wife during a planned dinner outing. The dinner was arranged as part of the execution of the conspiracy. The appellant remained in constant touch with his co-accused using a fake SIM card. According to the prosecution's case, while the appellant was driving home with his wife, 7-8 unknown persons would ambush the car from the front. They would then pull the appellant out of the vehicle, beat him, and abduct his wife along with the car. Subsequently, the car was found abandoned with the deceased's body inside. The plot became successful, leading to the death of the Appellant's wife. The trial court convicted all the six accused persons for the offences committed under Sections 302, 364, 201, 203 and 404 read with 120-B of the Indian Penal Code, 1860. The High Court confirmed the conviction; however, it acquitted the Appellant's paramour (A2) for want of sufficient evidence. Against the conviction, the husband and co-convicts appealed to the Supreme Court. Refusing to interfere with the conviction, the judgment authored by Justice SC Sharma noted that the accused persons were in constant touch, establishing the sufficient nexus between them to commit the crime. “The call details reveal that the accused persons were in constant touch with each other using these numbers, irrespective of the persons in whose names the numbers were officially registered. The evidence on record has indicated sufficient nexus between the numbers reflected in the call detail records and the accused persons.”, the Court observed. Further, the Court noted despite the prosecution managing to bring on record the incriminating connection between the accused persons, their failure to rebut the prosecution's incriminating material led to an adverse inference against them under Section 106 of the Evidence Act. “At this point, it is important to underscore that on the basis of above evidence, the prosecution managed to bring home a strong incriminating connection between the accused persons and it was for the accused persons only to explain their connection. However, instead of offering any plausible explanation, the accused persons attempted to deny their connection. The failure of the accused persons to explain any circumstance, which could only be explained from the personal knowledge of the accused persons, leads to a direct adverse inference against them.”, the Court observed. Moreover, the Court upheld the exoneration of the Appellant's paramour, noting that although the high number of calls between the Appellant and her paramour “may be used to infer the existence of a relationship between A1 and A2, however, it cannot be made the basis to infer that A2 was a part of the criminal conspiracy to kill the deceased.”The Bench further found the Appellan's conduct after the incident to be highly incriminating. It noted that although he claimed to have been assaulted during the alleged abduction, he suffered no injuries, abruptly left the hospital before medical examination and waited for nearly an hour before approaching the police. The Court described it as "highly unnatural" and "abhorrent" to believe that a husband whose wife had been abducted would emerge completely unhurt and delay informing the police, observing that the delay appeared intended to enable the assailants to complete the murder without police intervention.The Court also relied on recoveries made pursuant to disclosure statements, including blood-stained articles, knives,...

Supreme Court Upholds Husband's Conviction For Wife's Murder, Finds Extra Marital Affair Motive Established

Yash Mittal

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Yash Mittal

Supreme Court Upholds Husband's Conviction For Wife's Murder, Finds Extra Marital Affair Motive Established

Yash Mittal

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Yash Mittal

This is a premium content
Available exclusively to
Our subscribers