A woman in Assam was convicted for murder of her husband and spent five years behind bars while undergoing life imprisonment. The evidence that sent her to jail was that she was last seen with her husband before the mysterious murder and she did not weep at his death.
The Supreme Court, however, came to her rescue and set aside her conviction on Wednesday and refused to give credence to the reasoning of the trial court and Gauhati high court which had held that her “unnatural conduct” by not crying at the time of her husband’s unnatural death proved her guilt beyond doubt.
The trial court and the HC relied heavily on the last seen theory which established her presence with the deceased at night when he was killed and had held her “unnatural conduct” of not crying proved that she was the killer of her husband. A bench of Justices R F Nariman and Navin Sinha, however, said that circumstantial evidence did not lead to the inescapable conclusion that she had killed her husband and directed her release from custody forthwith.