VidhiSangh

Supreme Court of India · 13/10/2022

MD. ANOWAR HUSSAIN versus STATE OF ASSAM

[2022] 18 S.C.R. 721 · 2022 INSC 1079

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Summary

The appellant's 20-year-old wife, who lived with him in Goalpara district, Assam, died of asphyxia from throttling. Her grandfather brought the body to the police station and named the appellant in his FIR; the inquest there noted injuries to her eyes, cheeks and neck. At trial, all six private witnesses claimed instead that she fell ill and died in hospital, and the appellant adopted that story. He had been found two days later far from home, saying he had gone for medicines. The Supreme Court upheld his murder conviction. Section 106 of the Evidence Act does not lift the prosecution's primary burden. But once it proved a homicidal death in the matrimonial home and his absence, he had to explain facts within his special knowledge. With no hospital record, and no reason to take the body to the police had she died in hospital, his false story and false alibi completed the chain.

Issues

  1. Whether, on circumstantial evidence, the appellant's conviction for murdering his wife was sustainable where the private witnesses turned against the prosecution and the appellant offered a false explanation.
  2. How Section 106 of the Evidence Act and a false explanation under Section 313 CrPC operate in a case of homicide within the matrimonial home.

Provisions considered

Held

Result

Appeal dismissed; conviction under Section 302 IPC and sentence of life imprisonment upheld.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 721.