A. Indian Evidence Act, 1872 (1 of 1872), Section 106 – Circumstantial evidence – Onus on accused -- Onus to explain would shift on to the accused only after the prosecution succeeds in establishing the basic facts from which a reasonable inference can be drawn regarding the existence of certain other facts which are within the special knowledge of the accused – If the prosecution fails to establish a complete chain of circumstances in the first place, then the accused's failure to discharge the burden under Section 106 of the Evidence Act becomes irrelevant.

(Para 17)

B. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Indian Evidence Act, 1872 (1 of 1872), Section 106 – Acquittal -- Murder -- Circumstantial evidence – Last seen theory -- Onus on accused -- One of son of deceased’s testimony remotely suggest that any or all of the three accused persons were present in the house or that they had quarrelled with his mother when he left for school -- None of the neighbours had seen the accused present with deceased or that they were seen fleeing away on the fateful morning – Prosecution has not explained as to where the girl child was on the date of the incident -- Likewise, the prosecution also failed to provide any explanation, as to why the other son was not examined in evidence -- Failure to examine them in evidence calls for drawing of adverse inference thereby, further denting the credibility of the prosecution case -- Prosecution failed to prove the chain of incriminating circumstances against the accused-appellants by convincing evidence and beyond the shadow of doubt, so as to affirm their guilt -- Accused-appellants acquitted of the charges by giving them the benefit of doubt – Appeal allowed.

(Para 18-38)