The Apex Court on 31.10.2018, in REENA HAZARIKA v STATE OF ASSAM allowed the appeal of the appellant who being the wife of the of the deceased had been held for murdering her husband and was sentenced to face life imprisonment along with a fine of thousand rupees .
FACTS: The deceased was residing with his wife (appellant) and daughter as a tenant wherein the appellant had been alleged to have assaulted her husband which was heard by the witnesses who discovered the deceased with an injury on head. Due to heavy rainfall and inaccessibility of an ambulance the deceased could not be taken to the hospital. The post mortem report revealed that the deceased had suffered ante mortem injuries which was a result of a heavy weapon that was sharp .
The whole case was opined to have been based upon circumstantial evidence as held by the trial and High Court. On the other hand, the appellant had blatantly failed in explaining the circumstances that led to the death of her husband, further her conduct rose suspicions as she did not shed a drop of tear after the loss of her husband.
DECISION HELD BY THE APEX COURT:
When the matter was brought before the Supreme Court of India, the Apex Court allowed the appeal by concluding that the series of events in cases pertaining to circumstantial evidence, could not be said to have been constructed that would lead to conclusions that the appellant could have been the murderer .The Court further held that if the husband had been of an average built it would be hard to believe that a woman could make such severe and deep repeated assaults upon a man with a knife which is small in size and without herself suffering from any injury. Thus the appellant was acquitted upon the benefit of doubt.
Judgment here:
https://www.sci.gov.in/supremecourt/2018/7005/7005_2018_Judgement_31-Oct-2018.pdf