The burden on the accused to offer a cogent explanation in cases of murder committed in secrecy inside a house, and the lighter burden of proof for circumstantial evidence in such cases.

JUDGMENT

B.R.Gavai, J. - The appellant has approached this Court being aggrieved by the Judgment and Order passed by the learned Additional Sessions Judge, Nagpur in Sessions Trial No.445 of 2015 thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/- and in default to suffer rigorous imprisonment for six months.

2. The prosecution story in a nutshell, as could be gathered from the material placed on record, is thus : On 3.7.2015, at around 2.00 p.m., the accused had a quarrel with his wife Nirmala on the ground of preparation of food and by pressing her neck, he committed murder of deceased Nirmala. Oral report came to be filed below Exh.9 by Sunil Chunilal Bomcher (PW1), who was working in a liquor shop, which was in front of the house wherein the deceased and the accused were working. On the basis of said report, the First Information Report came to be registered vide Crime No.36 of 2015 for the offence punishable under Section 302 of the Indian Penal Code. At the conclusion of investigation, charge sheet came to be filed before the learned Judicial Magistrate, First Class, Ramtek. Since the case was exclusively triable by the learned Sessions Judge, the same came to be committed to the learned Sessions Judge. Learned trial Judge framed charges below Exh.4 for the offence punishable under Section 302 of the Indian Penal Code. The accused pleaded not guilty and claimed to be tried. At the conclusion of the trial, the learned trial Judge passed the order of conviction and sentence, as aforesaid. Being aggrieved thereby, the present appeal.

3. Heard Mr.N.A.Badar, learned Counsel for the appellant. He submits that the learned trial Judge has grossly erred in convicting the appellant. He further submits that the present case is a case based on the circumstantial evidence and unless the prosecution proves each and every incriminating circumstance and further establishes the chain of events which leads to no other conclusion than guilt of the accused, the order of conviction cannot be sustained.

4. Mr.S.M.Ghodeswar, learned A.P.P. for the Respondent/State submits that, in view of extrajudicial confession of the appellant and in view of the Judgment of Hon''ble Apex Court in the case of Trimukh Maroti Kirkan .vs. State of Maharashtra , (2006) 10 SCC 681, no interference is warranted in the present appeal.

5. Sunil (PW1) is the first informant. He states that he had been to village Turia on the day of incident i.e. on 3.7.2015. When he returned at around 2.00 p.m. and went to the shop where he was working, his younger brother informed him that the accused and his wife Nirmala were quarrelling since morning. House of accused Sanjay is behind the shop. He went to the house of accused Sanjay. He saw from the door of house of accused that accused Sanjay was present in the house. Sunil (PW1) asked him as to why he was quarrelling. The accused narrated that he has killed his wife. The witness further states that he had seen deceased Nirmala sitting adjacent to wall. He had seen that her clothes were scattered. He, therefore, went to Police Station, Deolapar.

6. The testimony of Sunil (PW1) is corroborated by the evidence of Anil (PW6), who is working in the country liquor shop of one Ravi Biyanwar. He states in his evidence that accused Sanjay was residing with his wife Nirmala. There were frequent quarrels between Sanjay and Nirmala. The incident occurred on 3.7.2015 at about 11 p.m. He heard quarrel between the accused and his wife Nirmala. As the quarrel was as usual, he did not pay heed to the said quarrel. At around 2.00 p.m., one Sunil came to their shop and told about the quarrel. Therefore, said Sunil went towards the room of accused Sanjay. He then returned and told this witness Anil (PW6) that the accused had killed his wife Nirmala. Thereafter, Anil (PW6) told about the incident to his owner