In the case of Jayanthilal Verma v. State of M.P, the Supreme Court has upheld the conviction of the husband who strangled his wife to death. If the death takes place inside the house, then the onus is on persons who were residing in the house to give proper explanation. The incident takes place in the privacy of the house, therefore the person residing with the deceased has to give an explanation for the incident.
In this case, the victim Sahodara Bai was found dead in a cot in her matrimonial home. Her brother filed an FIR against the victim’s husband and in-laws. The death was related to a prior incident in which the deceased had been tortured and harassed at the hands of her in-laws. The Supreme Court upheld the conviction of the trial court and High Court and held that the appellant was under an obligation to give explanation under Section 313 of Criminal Procedure Code and it cannot be denied.
The High Court in this case has referred to Section 106 of Evidence Act also, it says that “when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him”. Therefore, the inmates of the house cannot escape from being quiet, they have a burden to give explanation for the incident that took place.