Any wrong explanation or silence of the accused to the above incriminating circumstance

9.    • Section 302 IPC-Murder Killing his wife and 3 children by way of burning them alive Once the prosecution had proved the homicidal death occurred in the house of appellantaccused, the initial burden of proving the unnatural death by pouring kerosene had been discharged by the prosecution. The onus, thus, shifted on the accused who was the normal residence of the house wherein deceased persons were normally residing with him to explain the facts within his special knowledge, i.e as to what had actually happened in his house on the fateful night and in what manner his wife and three children were burnt to death. Any wrong explanation or silence of the accused to the above incriminating circumstance would lead to the belief that the accused is guilty, inasmuch as, adverse inference has to be drawn in such a circumstance. In an incident which occurred within the four walls of the house, the burden to explain the circumstance leading to death is upon the inmates of the house - Once the prosecution established a prima facie case, the appellant was obliged to furnish a proper explanation under Section 313 Cr.P.C with regard to the circumstances under which the deceased met an unnatural death inside the house. His failure to offer a proper (acceptable) explanation, therefore, leaves no doubt for the conclusion of his being the assailant of the deceased - Order of life sentence is upheld

Ram vs State Of UP CRLA 2448/09 04/04/22 [ SUNITA JJ ] [ ALLAHABAD HIGH COURT ]