The Supreme Court Tuesday acquitted two death-row convicts who were sentenced to the gallows by the Chhattisgarh High Court for allegedly committing robbery and killing five women members of a family in 2012.
A bench comprising justices A K Sikri, S Abdul Nazeer and M R Shah allowed the appeals filed by Digamber Vaishnav and Girdhari Vishnav challenging the April 2015 verdict of the high court, which had upheld the death sentence awarded to them by a trial court.
The bench said that from the records of the case as well as evidence placed before the apex court, it was difficult to infer that the two had committed the crime.
The court observed that there were inconsistencies in the statement of a minor witness, who was nine year old when the incident had happened in 2012 and was present in the house.
"We have already noticed that she (the minor) has not witnessed the incident. We have also noticed the inconsistencies in her evidence apart from the fact that the other children present in the house on that day were not examined," the bench said.
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The court said it was clear from the testimony of the minor witness that she was not an eye-witness to the incident.
It said that the motive of robbery attributed to the accused was not substantiated as expensive gold ornaments were found at the spot.
The bench also said that forensic evidence in the case against the accused to prove their presence at the scene of crime was insufficient.
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