Indian Penal Code, 1860
Section 302—Murder—Conviction—Appeal—Victim had died because of asphyxia, which was a result of throttling—Before death she was living with appellant—No one else was living with them—Case solely rests upon circumstantial evidence—Factors as noticed may not be decisive of the matter when taken singularly but, when the entire chain of circumstances, established by way of undeniable facts and the proven facts are juxtaposed with these factors; and all the relevant factors are joined together, the present one turns out to be a case where the burden envisaged by Section 106 of the Evidence Act operates heavily against appellant—When the body found, it was carrying several injuries—It was for the appellant to explain, what was the ailment – why she had taken to the hospital – why there were so injuries on her body—Falsehood cooked up by witnesses (regarding illness and hospitalisation of victim) and readily accepted by appellant coupled with un-discharged burden of Section 106 of the Evidence Act provide such strong links in this matter that the chain of circumstances is complete, leading to the conclusion on the guilt of appellant beyond any doubt—No interference required in impugned judgment—Appeal dismissed. [Evidence Act, 1872, Section 106]
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