Mitali Palnitkar
Published on: March 8 ,2022 at 19:09 IST
A Woman Accused of Killing her Estranged Husband with the help of his aide was Acquitted by the Kerala High Court.
The Bench comprised Justices A Munhamed Mustaque and Kauser Edappagath. It passed the Judgment opining that the Case was solely built on Circumstantial Evidence against the Accused.
The Court emphasized that the in Order to sustain Conviction, the Evidence must only be consistent with the Guilt of the Accused but also inconsistent with the Innocence of the Accused.
In this Case, the Court found that instead of Justifying the Hypothesis of Guilt of the Accused, the Evidence Justified the Hypothesis of Innocence of the Accused.
The Woman who was Accused of Killing her Husband after he married another Woman had filed an Appeal in the Court. It is Alleged that she was helped by her Husband’s aide in Killing him.
The Trial Court had found them Guilty for Offences under Sections 302 (Murder), 120B (Criminal Conspiracy) and 201 (causing Disappearance of Evidence, or giving False Information to screen Offender) read with Section 34 (Acts by several in furtherance of Common Intention) of the Indian Penal Code (IPC).
It Convicted them and sentenced them to Life Imprisonment. Thereafter, they moved the High Court challenging the Trial Court Judgment.
Advocate Ranjith B Marar representing the Appellants assailed the finding of the Trial Court based on Circumstantial Evidence.
He submitted that a complete chain of circumstances to prove the Guilt of Accused was not presented by the Prosecution. This was countered by Additional Director General of Prosecution Gracious Kuriakose.
The Court referred to five Principles laid down in Sharad Birdhichand Sarda Vs. State of Maharashtra by the Supreme Court. On the basis of the Principles, the High Court concluded that Prosecution failed in presenting an acceptable chain of Circumstantial Evidences that would prove the Guilt of Accused.
It stated, “All the circumstances relied on by the Prosecution have not been established by the Prosecution by Clear and Cogent Evidence.”
The decision of the Trial Court was overturned and the Appellants were Acquitted.
Also Read: Kerala HC: Allegations Criminal in Nature, Prior Sanction U/S 17A PC Act Prima Facie Not Necessary