In Brief
Sunita was convicted of murdering Sushila, whose burnt remains were found in a 'Bitora' (cow-dung storage) in Village Kailash. The prosecution's case rested on the 'last seen theory' — evidence that Neeraj and Pirthi Singh saw the deceased with the appellant on January 3, 2004. The Supreme Court held that while 'last seen theory' is circumstantial evidence, by itself it is weak and insufficient for conviction. Since the prosecution failed to establish motive (a key link), key witnesses were inimical to the accused, there were discrepancies in descriptions (height), no evidence of the place or cause of death, and the chain of circumstances was broken, the Court acquitted the appellant and ordered her release.
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