"It's Surprising How Trial Court Awarded Death Sentence": Jharkhand HC Acquits Man Accused Of Murdering Wife And Infant

The Court was hearing a Death Reference preferred by the State and the Criminal Appeal preferred by the Appellant which arose out of the judgment where the Appellant has been convicted and sentenced to death under Section 302/34 of the IPC.

The bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “It is surprising how on these contradictory versions and sketchy evidence, learned trial court convicted the appellant and awarded death sentence.”

Brief Facts-

The informant, father of the deceased reported that after her marriage to appellant she initially had a normal relationship but later faced cruelty over dowry and her husband also had an extramarital affair. She returned to her parental home after she was assaulted but was persuaded to go back. She further faced threats for opposing her father-in-law’s affair with a woman. She reported threats from that woman and the next morning her family was informed she was missing. Her body was found, along with her 15-month-old child's body in a well. A case was filed, and charges were brought against husband.

The Court closely scrutinised the prosecution evidence and observed, “it will transpire that these circumstances have not been properly proved and even if it is assumed to be true to some extent they do not complete the chain from which an inference can be drawn that it was the appellant and none else who committed the crime.”

The Court said that the prosecution case has crumbled like a house of cards. As per the Court neither the circumstances have been proved which can lead to a conclusion that the appellant was complicit in offence, nor any consistent prosecution version has come which can be relied upon.

The Court mentioned the decision reported as (2021) 13 SCC 716 and where according to the Court it was noted, “There is a duty cast on the trial courts to exercise greater degree of scrutiny, care and circumspection while awarding death sentence.”

The Court further relied on the decision reported in (2021) 13 SCC 716 where according to the Court it was observed, “The court cannot remain a moot spectator but should be alive and alter during criminal trial. Even if prosecution omits inadvertently or deliberately, to bring on record all relevant materials, courts on its own stop prosecution and seek clarification.”

The Court set aside the judgment of conviction and sentence.

Accordingly, the Court answered the death reference in negative and allowed the Criminal Appeal.