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Home › SC: Section 106 Evidence Act
Supreme Court · 2 November 2026

Section 106 at Work: Husband’s False Explanation Completes the Chain, Life Sentence for Wife’s Murder Affirmed

Death by throttling inside the matrimonial home, a medically refuted story of an epileptic fit during intercourse, and proven dowry cruelty — the circumstantial chain closed around the husband.

In Ramkishan Digambar Jadhav v. State of Maharashtra (Criminal Appeal No. 1849 of 2013, 2026 INSC 1187, decided 2 November 2026), the Supreme Court — Sandeep Mehta and Devendra Kumar Upadhyaya, JJ. — dismissed the appeals against a husband’s conviction under Section 302 IPC for the death of his wife, nine months into the marriage, inside the matrimonial home. The judgment is a textbook application of Section 106 of the Evidence Act: where the wife dies an unnatural death in the husband’s exclusive company, the burden of explaining what happened rests on him — and a false explanation, refuted by the medical evidence, becomes an additional link completing the circumstantial chain.

The case in one view

CaseRamkishan Digambar Jadhav v. State of Maharashtra, Crl. Appeal No. 1849/2013 (2026 INSC 1187)
BenchSandeep Mehta and Devendra Kumar Upadhyaya, JJ., Supreme Court of India
Decided2 November 2026
ProvisionsSections 302, 304-B, 498-A IPC; Sections 106 and 113-B, Evidence Act
OutcomeAppeals dismissed; life sentence under Section 302 affirmed; surrender in four weeks

The background

Vimalbai married Ramkishan in May 1995 and died in the matrimonial home in February 1996 — nine months later — against a backdrop of alleged dowry demands for a television, a tape deck, an industrial plot and Rs 50,000. The husband’s version was that she died accidentally during intercourse following an epileptic seizure. The post-mortem recorded asphyxia due to throttling, and the medical jurist excluded an epileptic fit as the cause of the internal neck injuries. The trial court convicted under Sections 498-A and 304-B but acquitted under Section 302; the Bombay High Court, on the State’s appeal in 2013, convicted under Section 302 and imposed life imprisonment. The matter then waited thirteen years in the Supreme Court.

The Section 106 architecture

The Court’s reasoning follows Trimukh Maroti Kirkan, the touchstone for deaths inside the matrimonial home. The prosecution proved the foundational circumstances: an unnatural death by throttling, inside the home, while the wife was in the husband’s exclusive company. At that point Section 106 of the Evidence Act — whose counterpart is Section 109 of the Bharatiya Sakshya Adhiniyam — placed on the husband the burden of explaining facts especially within his knowledge.

From the judgment: “By virtue of Section 106 of the Evidence Act, the statutory burden rested heavily upon the appellant-Ramkishan” — and his false, medically refuted account “provides an additional incriminating link that completes the chain of circumstantial evidence”.

The false explanation did double duty: it failed to discharge the Section 106 burden, and it became itself a circumstance against him. With consistent witnesses proving dowry-linked cruelty, and the death occurring within seven years of marriage, the unrebutted presumption under Section 113-B sustained the Sections 498-A and 304-B findings as well.

What the decision means in practice

For the defence in matrimonial-death cases. The explanation offered at the earliest stage is the case. A version contradicted by the post-mortem converts from defence into evidence for the prosecution. Where the medical picture is genuinely ambiguous, the defence must engage it with expert material, not narrative.
For prosecutors. Section 106 is not a shortcut: the foundational circumstances — unnatural death, exclusive company, proximate conduct — must first be proved by ordinary evidence. Once they are, the accused’s silence or falsehood closes the chain.
On appellate reversals of acquittal. The case also illustrates that an acquittal under Section 302 at trial is not the end where the High Court, on the State’s appeal, finds the circumstantial chain complete — and the Supreme Court will sustain a well-reasoned reversal.

The wider frame

Deaths of young wives inside matrimonial homes present the prosecution’s hardest evidentiary terrain — no eyewitnesses, interested defence narratives, and medical evidence as the only neutral voice. The Section 106 framework, applied consistently from Trimukh Maroti to this judgment, is the law’s structural answer. The case, arising from a 1996 death and finally resolved in 2026, also stands as a sobering marker of criminal appellate timelines: thirty years from death to finality, with the convict on bail for much of it and now directed to surrender.

Frequently Asked Questions

What does Section 106 of the Evidence Act actually do?

It places the burden of proving facts especially within a person's knowledge on that person. In matrimonial-home death cases, following Trimukh Maroti Kirkan, once the prosecution shows the death occurred while the deceased was in the accused's exclusive company, the accused must offer a credible explanation. Section 106 does not relieve the prosecution of its primary burden — it operates once the foundational circumstances are proved. Its counterpart in the new code is Section 109 of the Bharatiya Sakshya Adhiniyam, 2023.

How did the husband's explanation hurt him?

He reported that his wife died accidentally during intercourse following an epileptic seizure. The post-mortem found asphyxia due to throttling, and the medical jurist ruled out an epileptic fit as the cause of the internal neck injuries. A false explanation on a matter only the accused could know became, in the Court's words, an additional incriminating link completing the chain of circumstantial evidence.

Why did the High Court convict when the trial court had acquitted under Section 302?

The trial court convicted under Sections 498-A and 304-B but acquitted under Section 302; on the State's appeal, the Bombay High Court convicted under Section 302 with life imprisonment. The Supreme Court affirmed: the throttling findings, the exclusive-custody circumstance and the false explanation sustained the murder conviction, alongside the dowry-cruelty and dowry-death findings supported by the Section 113-B presumption.

What happens to the convict now?

The appeals were dismissed, the life sentence affirmed, bail bonds cancelled, and the appellant directed to surrender within four weeks, failing which non-bailable warrants would issue. A co-accused's appeal had abated on his death during its pendency.

Note: This article is general information about the law and is not legal advice. It does not create an advocate-client relationship. The position stated is as at 8 November 2026 and may have changed since. Readers should verify any provision or decision referred to against the official text and seek advice on their own circumstances.