The Bombay high court has upheld the life sentence of a 27-year-old woman who poisoned and strangulated her husband in 2007. The crime tookplace aftertwo months into their marriage because the woman had an earlier relationship with another man. Adivision bench of Justice VK Tahilramani and JusticeVL Achliya upheld the life sentence of Jyoti Malusare for murdering her husband Vijay on June15, 2007 while accepting her extra judicial confession made to her brother-in-law."Weare, therefore, of the view that the extra-judicial confession madeby the accused to Abhay (brother-in-law) can be accepted as an admissible piece of evidence to form the basis to uphold the conviction of the appellant," observed the HC while dismissing Jyoti's appeal.
The two married on May 9, 2007. According additional public prosecutor VR Bhosale, Jyoti was in a relationship with another man, Jeevan Waragade, before marriage. Jyoti and Jeevan hatched aconspiracy to murder Vijay and on the night of June 14, 2007 Jyoti poisoned her husband's milk and then strangulated him to death when he was asleep. Nextmorning, when Vijay'sbrother Abhay, who livedin an adjacen troom, failed to get response from him while trying to wake him up. He then rushed Vijay to a hospital with the help of neighbours. He was declared dead before arrival. When Abhay enquired with Jyoti, she confessed to having poisoned Vijay.
Basedon the statement, Abhay lodged an FIR and Jyoti was arrested the sameday. Both Jyoti and Jeevan were tried for murder. However, the sessions court acquitted Jeevan for lack of evidence. Jyoti was found guilty and sentenced to life imprisonment which she challenged before the HC.Advocate Rajendra Shirodkar argued on her behalf before thecourt. TheHC observed that the prosecution had managed to prove its case whichwas based on extra judicial confession and circumstantial evidence.
"If we consider the prosecution case and evidence adduced, then it is clear that there are no eye witnesses to the incident. The entire case of the prosecution is based on the extra-judicial confession made by accused Jyoti to the victim's brother Abhay and circumstantial evidence," observed HC. The judges further added: "We are of the view that Abhay's testimony inspiresfull confidence and is found to be truthful. So also, the extra-judicial confession made by the accused to him is found tobe voluntary and does not suffer from any material discrepancies."
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