The burden under Section 106 of the Evidence Act shifts to the husband to explain the circumstances of the wife's suspicious death, and corroborative evidence is crucial in establishing the guilt of the accused.

ORDER :

This appeal has been preferred by the State of Jammu and Kashmir against the six accused-respondents, namely:

1. Vijay Kumar S/O Khoju Ram R/o Patrara Panchgrain Tehsil Rajouri, Distt. Rajouri.

2. Mukesh Kumar S/o Khoju Ram

3. Shamlal S/o Khoju Ram

4. Mst.Bhijji Devi alias Poli W/o Khoju Ram

5. Mst. Babli Devi W/o Mukesh Kumar

6. Mst. Padma Devi W/o Tirath Ram

2. All the six respondents were accused of murder of Kamala Devi and were tried for offence of murder before the Court of Session Judge, Rajouri, J & K.

3. The prosecution case commenced on the complaint of PW-1 viz. Rajinder Kumar, father of the deceased on 14.05.1995 to the effect that the deceased Kamala Devi was married to Vijay Kumar two years prior to the incident. Due to her medical problem, she was unable to conceive, on account of which Vijay Kumar was planning to do away with her in order to solemnize second marriage. On 14.05.1995 PW-1 Rajinder Kumar got information that Vijay Kumar with his two brothers Mukesh Kumar and Shyam Lal, mother-Bhijji Devi, Sister-in-laws: Babli Devi and Padma Devi killed Kamala Devi on the intervening night of 13/14th May, 1995.

4. During the investigation the dead body was recovered from the Nallah near the house of the accused. After investigation, the accused were sent up for trial.

5. The prosecution examined as many as 31 witnesses. It will be suffice to refer to the main evidence. PW-1 – father of the deceased, PW-2 mother of the deceased and PW-3 brother of the deceased described the circumstances in which the deceased was living with the accused and to prove the motive alleged against the accused for killing the deceased.

6. PW-11 Phanga Ram stated in his evidence that soon before the death of the deceased he heard noise in the Branda of the accused's house and thereafter saw lifting of the deceased by Vijay Kumar.

7. The trial Court noted the said evidence as follows:

That when he was passing through village Abran Khater on way to Village Khankari and was passing by the house of the accused after crossing the nallah he heard a noise in the Branda of the accused's house. That thereafter the accused and the deceased went inside their house. That accused Vijay Kumar lifted the deceased by catching from the neck and legs and carried her inside the house. That thereafter he ran away and the occurrence pertains to 10 or 10.15 p.m. of the said day. That he heard at that time the deceased saying "do not kill". That after half an hour thereafter he reached his in-laws house at Khankari, stayed there for the night and on the next morning the returned to his house. That what happened thereafter is not known to him though on the next day he knew about the death of the deceased in the evening. That on the next day thereafter he participated in the cremation of the deceased and thereafter deceased's father inquired from him as to what he observed when he had been to village whereupon he told the whole episode to the deceased's father as narrated by him above.

8. PW-26 Sita Devi who gave bath to the dead body for cremation found that the dead body had torture/burn marks of angle iron on the body.

9. PW-29 Dr. Khalid Mansoor, who conducted the post-mortem found following injuries:

"1. A bruise on left cheek of dimension 2cm x 1 cm.

2. A lacerated wound of left ear lobule measuring 3 cm x 2 cm

3. A burn injury extending from left mammary glad upto left flank and extended posteriorly upto lunar supine measuring 2 cm in width all along and life burn marks at the level of 4th, 5th lumber supine measuring 2cm in diameter. No vesicles seen.

At the same time the following state of body has been described by the medical expert -

Eyes: The eye balls were prominent congested patrichial -

Ears : Deeply cynosed.

Nostrils : Cynosed blood stained water ooxing

Mouth :Tongue swollen bruised slightly protruded.

Anus : Faceal matter present.

Head

Membrances: Congested cynosed patechial hemorrhage.

Brain : Congested with petechail hamorrages.

Neck : The neck was swollen irregul