18/11/2025
2025 SCMR 1591
Murder of wife committed in the house of accused-Onus on accused/husband to explain circumstances leading to death---Accused was alleged to have committed murder of his wife---Trial Court convicted the accused and sentenced him to death---High Court converted the death sentence into imprisonment for life---Validity---Appellant also failed to give any plausible explanation regarding the murder of his wife in his house-In criminal cases, it is for the prosecution to establish its case against an accused, however, in the instant case deceased was a vulnerable dependent of the appellant, as such, some part of the onus had shifted to the appellant to explain the circumstances in which his wife had died an unnatural death in his house during the fateful night which part of the onus had not been discharged by the appellant---Undoubtedly, the accused was not required to take a special plea, but where the only alternative theory to his guilt was a remote possibility which, if correct, he was in a position to explain, the absence of any explanation must be considered in determining whether the possibility should be disregarded or taken into account. Appellant absconded and was arrested on 15.08.2010, i.e. after a period about 37 days of his wife's death---It was strange and astonishing that neither the appellant reported the matter to the police authorities nor participated in the last rites of the deceased.
