Suresh Chandra vs State Of Uttar Pradesh 2025 INSC 156 - S 106 Evidence Act - Circumstantial Evidence

Indian Evidence Act, 1872 -Section 106 - The burden would shift upon the accused. However, for the burden to shift upon the accused, the initial burden will have to be discharged by the prosecution- In a case where around twelve persons residing along with the decease, it is necessary for the prosecution to establish as to which of the accused persons was in the company of the deceased prior to her death being noticed- The issue would have been different if it was only the husband and the wife who were residing together and the death had occurred in suspicious circumstances. (Para 9-10)

Criminal Trial - Circumstantial Evidence - Referred to Sharad Birdhichand Sarda v. State of Maharashtra - the prosecution will have to prove beyond reasonable doubt that it is the appellants and the accused alone, who have committed the crime. Every hypothesis except the guilt of the appellants will have to be ruled out- However strong the suspicion, it cannot take place of proof beyond reasonable doubt- The approach in the criminal trial has to be of proof beyond reasonable doubt and not the probability or a possibility. (Para 11-16)