Failure to explain wife’s death can lead to husband’s conviction: HC

“In the case of an unnatural death of the wife on a premise to which an outsider may not have any access,it is for the husband to explain the ground for the unnatural death of his wife. The husband having failed to do so can be convicted under Section 302 of the IPC,” Justices Sanjay Kishan Kaul and Ajit Bharihoke said.

The court put forth its view while rejecting an appeal against a trial court order convicting Sanjay Kumar Jain for strangling his wife Anju to death on April 10,1991 at his home,a year after their marriage. Jain remained absconding for three days before he was arrested.

A resident of Kailash Nagar,Jain was sentenced by the trial court to life term with a fine of Rs 20,000 in 1997. The convict,in his appeal,alleged the police framed him as it could not find the culprit and also on the ground that the weapon of the offence could not be recovered.

The High Court,however,did not find any infirmity in the lower court’s order and upheld the conviction on the ground that he could not give any cogent reason for his absence after his wife’s death and also that the convict alone had access to the place of death of the victim.