In Brief
The State appealed the acquittal of Vijay Kumar in the murder of his wife Kamala Devi, after both the trial court and High Court had acquitted all six accused. The Supreme Court found that medical evidence conclusively showed homicidal death caused by throttling with burn marks; the victim was living with the accused immediately before death. The eyewitness account of PW-11 corroborated the accused lifting the victim by the neck and legs, with the victim crying 'do not kill'. Applying Section 106 of the Evidence Act, the burden shifted to the husband to explain the circumstances. The Court allowed the appeal, convicted Vijay Kumar under Section 302 IPC, and sentenced him to life imprisonment, upholding the acquittal of other family members."
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