Murder not proved. Burden to prove what actually happened shifts to accused only after murder is proved.
In this particular case death had happened in house. But prosecution failed to prove that death was due to murder.
Yet the trial court convicted accused on the ground that they failed to explained why they did not took lady for medical treatment. The trial court also relied on some witness and circumstances..etc
The question was, was it duty of accused to explain and prove what had actually happenned?
SC held that the accused do have duty to prove facts which are in their special knowledge. But such burden shifts on them only after fact of murder is proved by prosecution side.
This is substance supreme court judgement in Criminal Appeal No. 232 of 2007 by Justice A K Patnaik and Justice Gyan Sudha Misra
Haresh Raichura
26/8/13
