that it is the appellant only who had caused the death of his wife, which is strengthened by his confessional statement made to the witnesses mentioned above. We have also noted that though the appellant came out from the room with his children where the dead body of his wife was found, he did not offer any explanation as to how the death occurred, but took a plea of total denial during the trial. This conduct of the appellant in course of the trial, when confronted with the aforesaid incriminating evidences brought on record, indicates his guilty mind. In our opinion, absence of any plea would make no difference, inasmuch as, the evidences which have been brought on record during the trial would show that he and only he would be responsible for the death of his wife. We have also noted that the incident occurred at 11.30 P.M. on 06.05.2015 i.e. when usually people go to sleep and as such, the incident happened at a time when nobody was expected to be present in the house of any other person. Be that as it may, there is nothing on record to show the possibility of the presence of any other person in the room where the incident occurred. Necessary adverse inference can be certainly drawn against the appellant. Under such circumstances, it was incumbent upon the appellant to prove the circumstances to show his innocence as required under Section 105 and 106 of the Indian Evidence Act, 1872, but he failed to do so.
