Section 106 of Evidence Act Does not Shift Automatically to Accused: The Supreme Court acquitted the accused who was sentenced to life imprisonment for the offense of the murder of his wife convicted under section 302, 34, 201 of IPC. The apex court released the husband and mother-in-law of the deceased on the ground that the prosecution failed to prove the chain of the circumstances of the offense in the absence of any direct eye witness.
If the prosecution failed to prove the chain of the circumstances leading to the offense section 106 of the Evidence Act does not automatically shift to the accused to prove his guilt, section 106 of the Evidence Act does not mean to relieve the prosecution side from discharging the duty to prove the guilt of the accused. Therefore the Apex Court reversed the judgment of the lower court from conviction to acquittal and release the accused from the offense.
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