Indian Evidence Act, 1872; Section 106 -Where the prosecution proves that the deceased was last seen in the company of the accused and the death of the deceased has occurred soon thereafter, the burden would shift upon the accused. However, for that, initially the prosecution will have to discharge the burden. Merely because the appellants were seen nearby the place where the crime occurred and the accused was holding the chopper, it cannot be said that the deceased was last seen in the company of the accused -This will be nothing but basing the finding of conviction on conjectures and surmises. (Para 13)
Criminal Trial -Suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt. An accused cannot be convicted on the ground of suspicion, no matter how strong it is. An accused is presumed to be innocent unless proved guilty beyond a reasonable doubt – Referred to Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 : 1984 INSC 121. (Para 7-9)