Application of Section 106 Evidence Act and Circumstantial Chain in Matrimonial Murder Convictions
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Case: SAMSHER ABULESH DEVANG (SAY) v. STATE OF MAHARASHTRA
Court: Bombay High Court
Date: 17-07-2026
Law: Indian Penal Code, Code of Criminal Procedure, Indian Evidence Act.
Highlights of the Judgment:
- Examination of the "last seen together" doctrine and the completion of the chain of circumstantial evidence in a matrimonial home.
- Application of Section 106 of the Indian Evidence Act regarding the burden of proof for facts within the accused's special knowledge.
- Analysis of the evidentiary value and mandatory nature of statements recorded under Section 313 of the Code of Criminal Procedure.
- Judicial scrutiny of extra-judicial confessions and the legal criteria for their admissibility as a basis for conviction.
- Interpretation of medical jurisprudence concerning burn patterns and the "embracing" theory to establish the presence of the accused.