SHIMLA:  Himachal Pradesh High Court has overturned the conviction and life imprisonment sentence of Asha Devi, who was accused of the murder of Sushil Kumar, the former Assistant General Manager of B.S.N.L., Solan that took place in 2012 .

The Division Bench, comprising of  Justice Tarlok Singh Chauhan and Justice Ranjan Sharma, delivered this verdict in response to an appeal filed by Asha Devi.

On 01.07.2012, the deceased was found lying dead in his vehicle and there were many wounds over his body and huge blood stains thereupon.

An FIR was registered in the police Station Sadar, Solan.

 It had come in the investigation that the deceased could be seen in CCTV footage, entering the Resort with his friend and thereafter consumed liquor.

At about 1:53 A.M. deceased is seen parking his vehicle in the Resort parking and thereafter coming out from vehicle with accused Asha Devi (Appellant).

On the basis of suspicion the accused was arrested on 03.07.2012 and in the investigation it transpired that the appellant was engaged in the BSNL on contract basis by the deceased in the year 2008 and the contract was terminated in the year, 2012.

Thereafter, the deceased had got her re-employed in an Agency owned by his friend. It was further revealed that the appellant was involved in a physical relation with the deceased.

As per prosecution, on that day deceased parked his vehicle near his office and wanted to have sexual intercourse with the appellant but due to the menstruation period, she refused and then the deceased wanted to have unnatural sex with the appellant.

To resist the act of the deceased, the appellant took up the knife from the back seat of the vehicle (which deceased used to keep in his vehicle) and gave many blows on the private parts, stomach, chest and arms of the deceased resulting his death. After killing the deceased, she threw the knife in a vehicle of un-known number. 

It is further the case of the prosecution that the accused stabbed the deceased to death as the deceased used to sexually assault her and compel her to indulge in unnatural sex and prepare MMS thereof.

On the basis of circumstantial evidence, the Trial Court convicted the accused to life imprisonment u/s 302 of IPC,.

Aggrieved by the sentence, the appellant preferred an appeal before the High Court.

The prosecution alleged that Sushil Kumar was found dead in his vehicle with multiple wounds and bloodstains, days after he was seen entering a resort with Asha Devi.

The investigation centered on the purported motive that Asha Devi took extreme action due to alleged sexual assault and coercion by the deceased.

However, the High Court, after extensive deliberations, ruled that the prosecution's case lacked the crucial links in the chain of circumstantial evidence.

The court noted the use of inadmissible evidence and the absence of independent witnesses during the alleged recoveries. The entire investigation was deemed questionable and riddled with suspicion.

The court observed that suspicion, no matter how strong, cannot replace legal proof.

As a result, the conviction and sentence handed down by the Trial Court have been overturned, leading to Asha Devi's immediate release.