VidhiSangh

Supreme Court of India · 20/05/2022

SABITRI SAMANTARAY versus STATE OF ODISHA

[2022] 4 S.C.R. 276 · 2022 INSC 608

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Summary

A husband and wife, tenants at Jajpur, were convicted of killing a young jeweller found dead in their kitchen after the landlord reported an intruder attacking them; the deceased was in a relationship with their daughter, had given her Rs. 70,000 and had left home saying he would return with her or his money. Death was by neck compression, with acid poured on the body. The Sessions Court convicted the couple and their daughter under Sections 302/201/34 IPC; the Orissa High Court acquitted the daughter and, finding a strong possibility of grave and sudden provocation, altered the couple's conviction to Section 304 Part II with five years' rigorous imprisonment. The Supreme Court dismissed the appeals: the prosecution had established the chain of circumstances, and under Section 106 of the Evidence Act the onus shifted to the only persons in the house to explain how the deceased died.

Issues

  1. Whether, in a case resting on circumstantial evidence of a homicide inside the accused's house, the prosecution had established a chain of events sufficient to shift the onus to the accused under Section 106 of the Evidence Act, 1872 to explain how the deceased met his death.
  2. Whether reliance on Section 106 impermissibly relieves the prosecution of its burden of proving guilt beyond reasonable doubt.

Provisions considered

Held

Result

Appeals dismissed; the Orissa High Court judgment of 08.11.2016 in Criminal Appeal No. 202 of 2015 convicting the appellants under Sections 304 Part II and 201 read with Section 34 IPC and sentencing them to five years' rigorous imprisonment affirmed; bail bonds cancelled and the appellants directed to surrender before the trial court within two weeks.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 276.