Case Note & Summary
The appeal arises from a conviction under Section 302 IPC for the murder of the appellant's wife, Saira. The marriage was in 1982, and they had a daughter Shaheena (aged 5 in 1995). On 29.12.1995 at 4 am, police received information about a stabbing at House No. 220, Gali No. 3, Mustafabad. SI Mohkam Singh found the deceased in a pool of blood with multiple stab wounds; the appellant was present with superficial injuries. Both were taken to hospital; deceased declared brought dead. Investigation revealed strained marital relations due to the deceased leaving home without permission. The sole eyewitness was the minor daughter Shaheena, who later turned hostile. The trial court convicted the appellant, and the High Court affirmed. The Supreme Court considered the applicability of Section 106 of the Evidence Act, holding that once prosecution establishes foundational facts (death in shared household, injuries), the burden shifts to the accused to explain. The appellant failed to provide any explanation. The court also considered the recovery of the knife under Section 27, the treatment of hostile witness testimony, and rejected the claim for Exception 4 to Section 300 IPC due to the nature of injuries. The appeal was dismissed, upholding life imprisonment.
Headnote
A) Evidence Act - Section 106 - Burden of Proof - When foundational facts are established by prosecution, burden shifts to accused to explain facts within his special knowledge - In a case of death occurring in shared household, accused must explain how deceased sustained injuries - Held that prosecution had established prima facie case, and appellant failed to discharge burden under Section 106 (Paras 19-34). B) Evidence Act - Section 27 - Discovery of Weapon - Recovery of knife at instance of accused is admissible if it leads to discovery of fact - Held that recovery of weapon from appellant's house was a relevant circumstance (Paras 35-37). C) Criminal Procedure Code - Hostile Witness - Cross-examination by Public Prosecutor - When a witness turns hostile, prosecution may cross-examine with permission of court - Held that evidence of hostile witness is not wholly unreliable and can be used to the extent it supports prosecution case (Paras 38-46). D) Indian Penal Code - Section 300 Exception 4 - Sudden Fight - Benefit of exception requires absence of premeditation, sudden quarrel, and no undue advantage - Held that multiple stab wounds on vital parts indicate intention to cause death, thus Exception 4 not applicable (Paras 47-50).
Issue of Consideration
Whether the conviction under Section 302 IPC based on circumstantial evidence and hostile witness testimony is sustainable; applicability of Section 106 of the Evidence Act; whether the appellant is entitled to benefit of Exception 4 to Section 300 IPC.
Final Decision
Appeal dismissed; conviction under Section 302 IPC and life imprisonment upheld.
Law Points
- Section 106 of the Indian Evidence Act
- 1872
- Section 27 of the Indian Evidence Act
- Exception 4 to Section 300 of the Indian Penal Code
- 1860
- Prima facie case
- Hostile witness
- Cross-examination by public prosecutor
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