Indian Penal Code, 1860
Section 302—Murder—Conviction—Appeal—Death was opined to be asphyxia due to ligature strangulation—From the evidence of prosecution witnesses it is evident that deceased and appellant were living together in a live-in-relationship and there was a dispute between them as appellant wanted to marry deceased and she was not agreeable to the same—Appellant does not dispute being in the room with deceased—Fact that deceased died due to strangulation from the wire cut from the mixer grinder kept in the house which was seized along with daraat was proved by the opinion of the post-mortem doctor that strangulation could have been caused by the said cord and scientific evidence that proves that the cord on the neck of the deceased was the one cut from the mixer grinder with the daraat kept—Appellant living in the house with the deceased at the relevant time when the death was caused has also been proved—Onus shifts on accused under Section 106 of the Evidence Act to prove that how the deceased died—Nothing has been brought on record to show the time at which accused boarded the bus or train to dispel the fact that appellant had left Delhi when the murder of the deceased took place—Provisions of Section 106 of Evidence Act is attracted—No error found in impugned judgment of conviction and order on sentence—Appeal dismissed. [Evidence Act, 1872, Section 106]
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