Inmates are duty-bound to offer an explanation about death occurring in a house: Supreme Court [Read Judgment]

The inmates of the house where the crime occurred, cannot get away by simply keeping quiet and offering no explanation on the supposed premise that the burden to establish its case lies entirely upon the prosecution and there is no duty at all on the accused to offer, the Bench said.The Supreme Court, in Gajanan Dashrath Kharate vs State of Maharashtra has held that an accused, by virtue. The inmates of the house where the crime occurred, cannot get away by simply keeping quiet and offering no explanation on the supposed premise that the burden to establish its case lies entirely upon the prosecution and there is no duty at all on the accused to offer, the Bench said. Section 106 burdens accused to offer explanation about crime occurred in the house The Court observed that the prosecution has proved presence of the accused at his home on the night when death occurred and hence he is duty bound to explain as to how the death of his father was caused. No explanation implies ‘strong circumstance against accused’ The Court also added that the inmates of the house where the crime occurred, cannot get away by simply keeping quiet and offering no explanation on the supposed premise that the burden to establish its case lies entirely upon the prosecution and there is no duty at all on the accused to offer.