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Relying upon woman's 'voluntary and trustworthy' extra-judicial confession, the Allahabad High Court on Monday upheld the life sentence awarded to her by the trial court for killing her husband in concert with two other men. Court also confirmed the life sentence awarded to all three convicts.

The Bench of Justice Manoj Kumar Gupta and Justice Om Prakash Tripathi held that since the extra-judicial confession made by the woman was corroborated by the other circumstantial evidence, therefore, the chain of evidence was complete in the case.

Court, therefore, observed that the prosecution had proved beyond reasonable doubt that the woman along with the other two convicts had murdered her husband with “planning and cool mind”.

The woman and the other two men were convicted and awarded life sentences by the Court of Special/Additional Sessions Judge, Saharanpur for killing woman's husband in pursuance of a conspiracy. The three had appealed against the same before the high court.

The prosecution case was that the woman, namely Sunita, had illicit relations with one of the other two convicted men, namely Amit Chopra, and when her husband forbade her to meet Chopra, she along with Chopra and one Raju murdered her husband. 

Confirming the punishment awarded to the trio, Court noted that the evidence/testimonies and deposition put before the Trial Court revealed that Sunita made an extra-judicial confession before the maternal aunt of her deceased husband that she had an illicit relationship with Chopra and when her husband forbade her to meet Chopra, a plan was fetched in Delhi to kill him.

Court highlighted that it was also deposed by the maternal aunt of the deceased that Sunita had told her that she mixed intoxicating pills in juice (shikanji) and served it to her husband and thereafter, with the help of Amit, Raju, and Dinesh, she murdered her husband.

Court further noted that another witness, the adopted brother of Sunita, had also deposed that there was an illicit relationship between Chopra and his sister and when he met Sunita in court, she repented that she had committed a mistake and asked for his help stating that with the help of Amit Chopra, Raju and Dinesh she killed her husband.

Lastly, Court stressed that the motive of the crime was also revealed as it was deposed by the complainant in the case (deceased husband's cousin) that Sunita had told him that all the four children, who were born from her wedlock with her husband, were handicapped and therefore, she had developed illicit relations with the three accused, so that, the coming generation would be hale and hearty.

Regarding these depositions, Court concluded that Sunita's these extra-judicial confessions before her near relatives were without undue influence, coercion or pressure.

Court said, “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.”

Importantly, Court remarked, "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 the 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,"

Therefore, Court concluded against the woman and the other two appellants and confirmed the life sentence awarded to them by the Trial Court.

Case Title: Sunita And Others v. State of U.P.