Criminal Trial
Circumstantial evidence—When an incriminating circumstance is put to accused and the said accused either offers no explanation or offers an explanation which is found to be untrue, then the same becomes an additional link in the chain of circumstances to make it complete.
[Para 23]
Indian Penal Code, 1860
Section 302—Murder of wife—Conviction—Appeal—Marital relations of appellant with deceased were strained and appellant has not disputed his presence in the house at the time of incident—Weapon of offence was recovered from the place of incident itself—Foundational facts laid down by prosecution are sufficient to invoke Section 106 of the Evidence Act—If an offence takes place inside the four walls of a house and in such circumstances where the assailants have all the opportunity to plan and commit the offence at the time and in the circumstances of their choice, it will be extremely difficult for the prosecution to lead evidence to establish the guilt of the accused, if the strict principle of circumstantial evidence, is insisted upon by the courts—Law does not enjoin a duty on the prosecution to lead evidence of such character, which is almost impossible to be led, or at any rate, extremely difficult to be led—Duty on the prosecution is to lead such evidence, which it is capable of leading, having regard to the facts and circumstances of case—Conviction upheld.
[Paras 16, 25, 28 & 29]