The Supreme Court's bench comprising of Hon'ble Mr. Justice Deepak Gupta and Hon'ble Mr. Justice B R Gavai observed that a non-explanation or false explanation by an accused in his statement given under section 313 of the Criminal Procedure Code (CrPC), 1973 shall not be taken, so as to complete the chain of circumstances and to establish the guilt of the accused as it noted that the finding of guilt had been already recorded on the basis of other circumstances.
In the case of Sudru vs. State of Chattisgarh, the accused who was tried for murder of his own son while giving the statement under Section 313 had stated before the Trial Court that his son died due to ailment. But the doctor deposed that the death of the deceased might have occurred sue to strangulation and there was a fracture on the head of the deceased. Further there were finger marks on the neck of the deceased.
The Apex Court referred to the case of Trimukh Maroti Kirkan versus State of Maharashtra and Sharad Birdhichand Sarda v. State of Maharashtra and held that false plea or a false defence may be called into aid to lend assurance to the court. Further the wife of the accused who was a witness also turned hostile. The court observed that there was a clash between the husband and wife, after which she went to her brothers house and the deceased was left alone with the accused and the next morning he was dead after which the onus shifts towards the appellant.
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