Allahabad HC Relies upon Wifes Extra-Judicial Confession to Confirm Life Sentence Awarded To Her, 2 Others for Killing Husband
Case: Sunita And Others v. State of U.P.
Coram: Justice Manoj Kumar Gupta and Justice Om Prakash Tripathi
Case No.: CRIMINAL APPEAL No. 5712 Of 2008
Court Observation: “The only hypothesis was that all three accused persons committed the gruesome murder of the deceased with planning and cool mind.”
“Prior to the incident, the deceased came to know that Sunita had illicit relationship with Amit Chopra and Raju due to this, they came from Delhi to Saharanpur, where, the deceased was brutally murdered. The motive for causing murder was the begetting of healthy offspring. That’s why, the accused Sunita, Amit Chopra and Raju planned to get rid of from deceased Charanjeet.”
“It was voluntary, no suggestion was made in the cross-examination that such extra-judicial confessions are tempted or non-voluntary. Thus, the said extra-judicial confession is reliable and admissible evidence being trustworthy and accepted as a whole,”
“She had not made any noise or even hue and cry/scream; she was not only a silent spectator of the incident but also offered assistance in commission of the crime. Thus, the inaction shown by the accused Sunita indicates that she has mala fides and knew everything about the murder of her husband,”
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Keywords
Wifes Extra-Judicial Confession
