The Madurai Bench of the Madras High court today set aside a lower court judgment sentencing a woman to life imprisonment for murdering her husband, saying prosecution has not adduced "even an iota of evidence" so as to point out the alleged guilt of the accused.
A Division Bench of Justice A.Selvam and Justice V.S.Ravi said the main witnesses were the brother of the deceased and his (deceased) daughter.
The brother, though a complainant in the case, had not seen the occurrence of the incident. The other witness had stated during cross-examination, that she was staying with her grand-mother hundred metres away from her house and her father came there with bleeding injuries.So she also had not seen the occurrence, the bench said.
However, during examination she had said she was igniting the stove,when her mother attacked her father with a sickle.The trial court had given importance to the daughter's deposition during examination saying it was fragile and rickety.
The prosecution had not even examined the grand-mother. Besides, the deceased had married three women,and was having a concubine, it said.
The conviction and sentence passed by the Additional District and Sessions Judge of Periyakulam is set aside considering the conduct of the deceased and also the fact that the prosecution had not adduced "even an iota of evidence so as to point the alleged guilt of the accused, Podhumani,and she cannot be mulcted with the liability under IPC section 302(murder)," the bench said.
The court also cancelled the bail bond, if executed, and ordered the fine amount of Rs.5000 to be repaid.
According to the prosecution, the woman had attacked the deceased Ganesan using a sickle on October 31, 2005.
The trial court found her guilty and sentenced her to life imprisonment besides levying a fine of Rs 5000.
