Evidence Act, 1872
Section 106—Burden of proof—Murder case—Contention that accused has failed to discharge his burden under Section 106 of the Evidence Act and, therefore, his conviction was justified—Misconceived—Section 106 of the Evidence Act does not absolve the prosecution of discharging its primary burden of proving the prosecution case beyond reasonable doubt—It is only when the prosecution has led evidence which, if believed, will sustain a conviction, or which makes out a prima facie case, the question arises of considering facts of which the burden of proof would lie upon the accused—Incriminating circumstances were not proved beyond reasonable doubt and they do not form a chain so complete from which it could be inferred with a degree of certainty that it is the accused and no one else who, within all human probability, committed the crime—In such circumstances, there was no occasion to place burden on the accused with the aid of Section 106 of the Evidence Act to prove his innocence or to disclose that he parted company of the deceased before his murder.
[Para 22]
Indian Penal Code, 1860
Section 302—Murder—Appeal against acquittal—Incriminating circumstances were not proved beyond reasonable doubt and circumstance of last seen was inconclusive—High Court was justified in setting aside the order of conviction recorded by the trial court—Appeal dismissed.
[Paras 21 & 23]