2001 (3) TMI 1020 - SC - Indian Laws

Summary

Issues Involved:
1. Existence of illicit sexual relations between A1 and A2.
2. A1's desire to get rid of her deceased husband.
3. Travel and presence of A2, A3, and A4 in Bangalore on the date of the incident.
4. The deceased was killed on the intervening night of 28th and 29th August, 1993.
5. Confessional statement Exhibit P-77 made by A4.
6. A1 was last seen with the deceased.
7. Voluntary disclosure statements made by A2, A3, and A4 and consequent recoveries of incriminating articles.

Summary:

Issue 1: Existence of illicit sexual relations between A1 and A2
The prosecution established that A1 and A2 were teachers at the same school and had an illicit relationship. Multiple witnesses, including PWs 23, 33, and 34, testified about their relationship. Letters written by A1 to the deceased confirmed her extra-marital relationship with A2 and her disdain for her husband.

Issue 2: A1's desire to get rid of her deceased husband
A1's letters (M.O.s 22A and 23A) to the deceased expressed her desire for divorce and her contempt for him. She threatened to see his end if he did not divorce her. The court found that A1's hatred and revengeful attitude towards her husband were evident from these letters.

Issue 3: Travel and presence of A2, A3, and A4 in Bangalore on the date of the incident
The prosecution proved that A2 and A4 traveled from Madanapalli to Bangalore on the date of the incident in a car driven by PW20 and accompanied by PW38. Witnesses, including PWs 20, 21, and 38, confirmed their journey and presence in Bangalore.

Issue 4: The deceased was killed on the intervening night of 28th and 29th August, 1993
The time of the deceased's death was established through the testimony of Dr. L. Thirunavkarasu (PW17), who conducted the post-mortem and found multiple injuries on the deceased's body. The time of death was confirmed to be between 2 a.m. and 2.30 a.m.

Issue 5: Confessional statement Exhibit P-77 made by A4
The confessional statement made by A4 was found inadmissible due to non-compliance with Section 164(4) of the Cr.P.C., as the statement was not signed by A4. The court held that the failure to obtain the signature rendered the confession inadmissible.

Issue 6: A1 was last seen with the deceased
The court noted that A1 being last seen with the deceased, though proved, could not alone establish her guilt. As the legally wedded wife, she was supposed to be with him. In the absence of other circumstantial evidence linking her to the crime, this circumstance was not incriminatory.

Issue 7: Voluntary disclosure statements made by A2, A3, and A4 and consequent recoveries of incriminating articles
The prosecution successfully proved the voluntary disclosure statements made by A2, A3, and A4, leading to the recovery of incriminating articles, including blood-stained clothes and jewelry belonging to A1. The serologist report confirmed that the blood on the clothes matched the deceased's blood group.

Conclusion:
Giving her the benefit of doubt, A1's appeal was allowed, and her conviction and sentence were set aside. She was directed to be released forthwith. The appeals filed by A2 and A3 were dismissed, and their conviction u/s 302/34 IPC and life imprisonment were confirmed.