Murder Conviction Overturned: Supreme Court Acquits Sunita in Haryana Murder Case

The case of Sunita vs. State of Haryana revolved around the alleged murder of Sushila, whose body was found burned in a ‘Bitora’ (a conical storage of cow dung cakes) in Village Kailash. The Supreme Court was called upon to determine whether the conviction of Sunita, based on circumstantial evidence, was legally sustainable.

The appellant, Sunita, was accused of murdering Sushila, the wife of Shish Pal, and subsequently burning her body to dispose of evidence. The prosecution primarily relied on last-seen evidence, extra-judicial confession, and the recovery of a Scooty allegedly used in the crime. The trial court convicted Sunita under Section 302 IPC, and the High Court upheld this conviction, prompting her appeal to the Supreme Court.

Arguments of the Petitioner

Sunita, represented by her legal counsel, contended:

“The prosecution story is unreliable, inconsistent, and based entirely on weak circumstantial evidence. There is no direct evidence linking the appellant to the crime.”

The petitioners further argued:

• The prosecution’s main witness, Neeraj (PW-4), had animosity toward Sunita due to a family dispute over property inheritance.
• Neeraj’s claim of seeing Sunita carrying a gunny bag with a body on a Scooty was improbable and uncorroborated.
• The place and cause of death were never established, creating a significant gap in the prosecution’s case.
• There was no forensic evidence linking Sunita to the crime, such as blood stains on the Scooty or evidence proving she set the body on fire.

Arguments of the Respondent

The State of Haryana defended the conviction, arguing:

“The appellant was last seen with the deceased, and her extra-judicial confession further establishes her guilt. The circumstances collectively form an unbroken chain leading to her conviction.”

The respondent further contended:

• Multiple witnesses, including Neeraj (PW-4) and Pirthi Singh (PW-5), placed Sunita with the deceased before her disappearance.
• Sunita failed to explain how the victim’s body ended up burned in her village.
• The recovery of the Scooty at Sunita’s instance strengthened the prosecution’s case.

Supreme Court’s Verdict

The Supreme Court, with Justices L. Nageswara Rao and Hemant Gupta presiding, overturned Sunita’s conviction, ruling that the prosecution failed to establish her guilt beyond a reasonable doubt. The Court observed:

“The High Court erred in applying Section 106 of the Indian Evidence Act, as the ‘Bitora’ where the body was found was not in the exclusive possession of the appellant. The prosecution failed to establish the complete chain of circumstances necessary for a conviction.”

The Court ruled:

• The last-seen theory was weak, as Neeraj (PW-4) did not positively identify Sushila.
• The alleged extra-judicial confession before Kashmir Singh (PW-12) lacked credibility.
• There was no forensic evidence linking Sunita to the crime.
• The prosecution could not establish the time and place of the murder, weakening its case.

Key Takeaways from the Judgment

• Circumstantial evidence must form a complete chain leading to only one conclusion—the guilt of the accused.
• Last-seen evidence alone is insufficient for conviction unless strongly corroborated.
• Extra-judicial confessions require scrutiny and must be voluntary and reliable.
• Forensic evidence is crucial in cases lacking eyewitness testimony.

This ruling reinforces the principle that a conviction must be based on reliable and consistent evidence, ensuring that mere suspicion does not replace legal proof.

Petitioner Name: Sunita.
Respondent Name: State of Haryana.
Judgment By: Justice L. Nageswara Rao, Justice Hemant Gupta.
Place Of Incident: Kailash, Panipat, Haryana.
Judgment Date: 30-07-2019.

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