- In Suresh Ladak Bhagat v The State of Maharashtra, the Bombay High Court set aside the conviction of an accused in connection with the murder of his wife. The Court took this decision even after knowing that the body of the victim was found in their home and the accused was found near her.
- A Division Bench comprising of Justices Sadhana S. Jadhav and Milind N. Jadhav reasoned that before the accused can be asked to explain the circumstances in his defence, it is for the prosecution to first prove its case beyond reasonable doubt.
- The Bench further said that the accused has a right to maintain silence and it cannot be taken away from him.
- The Court observed that according to section 106 of the Indian Evidence Act, the initial burden to prove its case beyond reasonable doubt is on the prosecution. And the onus of burden would not shift upon the accused if the prosecution is unable to prove that the accused took his wife's life.
- Hence, unless the prosecution is nle to give a conclusive proof of the fact that it was the husband who took the life of his wife, the onus would not shift on the accused.
- In this case, the accused husband was found in his house with the body of the deceased wife lying in a pool of blood. The husband also allegedly confessed to have killed his wife to Witness no. 1.
- According to the prosecution, the accused hit his wife on her head and back at night while she was asleep. Later, when he woke up at 6 am the next morning, he noticed that she was dead.
- Subsequently, witness no. 1 reported this to the police and a charge sheet was filed. However, he did not depose about the confessional statement made by the accused to him and deposed in front of the Court that the accused had only told him that his wife was dead. The witness was accordingly declared hostile.
- The Court noted that an accused can only be convicted in the eventuality that such material are recorded during the investigation which could be converted into admissible evidence. However, in the present case, due to the nature of the evidence presented by the prosecution, it can't be presumed that the fact of homicidal death at the hands of the accused stands proved.
- The court further noted that except for the fact that the dead body of the deceased wife was found in the house of the accused, there is no other evidence to prove that he hurt his wife. Hence, the burden of proof is not discharged by the prosecution.
- The court held that extra judicial confession cannot be relied upon as the witness no.1 turned hostile. Accordingly, the court acquitted the accused husband.
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