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Volume No - 13     Issue No - 21

The High Court holding the appellant guilty of pouring kerosene around the deceased and her children and setting them on fire since the appellant had failed to explain the reason for eruption of fire in view of such obligation to explain under Section 106 is also not sustainable in the present circumstance. As held in Sharad Birdhichand Sarda (supra) the failure to explain can only be held as an additional link to complete the chain of circumstance. In the instant case, since the other circumstances in the chain are not established, the same cannot be held against the appellant. On the other hand, the case itself is that the fire had erupted at midnight when the appellant and others were sleeping and she come out shouting. The explanation for the cause of fire by the appellant would have arisen only if there was any other evidence to the effect that the appellant was already awake and was outside even before the fire erupted.

Judgement as it is

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