Appeal against Conviction

Section 302 IPC  

Indian Evidence Act, Section 106 

Murder trial 

Appeal against conviction 

Husband committed murder of his wife.  

Husband used to abuse and assault deceased on many occasions. 

In absence of evidence on record showing the presence of the accused at the spot of incident or nearby spot of the incident within the proximate time of death, relying upon the contents of FIR, the trial Court proceeded to hold that the appellant was present in the house at the relevant date and time of the incident. 

It is unfortunate that the trial Court misguided itself by relying upon the FIR when the said FIR cannot be read in its entirety as part of the evidence. 

Held, there was no question of shifting onus on the accused when the prosecution utterly failed to prove the presence of the accused at the spot of incident or nearby spot of incident at the relevant date and time Impugned. 

Judgment and order quashed and set aside.  

Appeal  is allowed 

[ Para 11 to 13 ]

Yeshwant vs State of Maharashtra 

CRL-A 747/13 28/10/21 

[ SS SHINDE JJ ]

[ BOMBAY HIGH COURT ]