On December 16, 2011, the appellant, Malti Devi who was a teacher by profession, had gone for work leaving behind her two children at home. In the evening, when she returned, she found her daughter and son in a pool of blood with their throats slit.
A complaint was registered and an investigation was carried out by the local police station. During the investigation, the statement of witnesses were taken. One of the witness, Sidharth Vashisht said that he had seen the respondent-accused, Rahul, along with the two children coming from the side of a school on foot and going towards their locality wearing a blue color sweater. It was also informed that while returning, Rahul was not wearing the said blue sweater but he had covered himself with a brown shawl.
Soon, Rahul was arrested and on the basis of his disclosure statement, a bag containing blood-stained clothes was recovered. A blue sweater was also recovered from the crime scene.
The statement of witnesses were recorded including a doctor from whom the respondent-accused took the first aid in respect of the injury sustained by him on the ring finger of his left hand and the shopkeeper from whom the accused had purchased the knife used for the commission of the offence.
On the basis of trial, the trial court held the respondent-accused guilty of killing the two children and sentenced him to undergo imprisonment for life and also imposed a fine of ₹25,000. This was despite eye-witness Sidharth Vashisht turning hostile.
Aggrieved, the respondent-accused approached the High Court which quashed and set aside the judgment and order of conviction and sentence passed by the trial court.
The appellant Malti Devi and the State then approached the Supreme Court by way of the present appeal.
Source: Barandbench
