Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 106–Establishment of prosecution case–Circumstantial evidence–Case of prosecution that the deceased was daughter of appellant and appellant was living in extra marital affairs with a person B –Deceased started to living with them which created a hurdle in their immoral relationship–Therefore, the appellant eliminated her–No evidence on record to prove the fact of extra marital affair of appellant with B –Prosecution failed to prove the fact that the appellant was living with B in the said rental premises–Omission of her name in FIR makes the testimony of PW 1 doubtful–Appellant was stranger to villagers, therefore,
the investigation officer was required to held the identification parade–Reverse burden u/s. 106 cannot be imposed on appellant in view of the facts of case–She is entitled to be acquitted.
