2025 YLR 1934

Husband accused of murdering his wife in their matrimonial house—Onus on husband—Scope—Accused were charged for committing murder of niece of complainant and also causing injuries to his sister—In the present case, onus had shifted to the appellant to circumstances in which his wife had died an unnatural death in his house which part of the onus had not been discharged by the appellant—When every other piece of evidence relied upon by the prosecution has been found to be utterly unreliable then the accusedcan not be convicted for the alleged murder simply on the basis of a supposition—In all such cases the initial onus of proof always lies upon the prosecution and if the prosecution fail to adduce reliable evidence in support of its own case then the accused cannot be convicted merely on the basis of lack of discharge of some part of the onus on him.