Criminal Trial–Last seen–Case of–Prosecution is exempted to prove exact happening of the incident as the accused himself would have special knowledge of the incident and thus, would have the burden of proof as per Sec. 106 of Evidence Act–Last seen together itself is not conclusive proof but along with other circumstances surrounding the incident, like relations between the accused and the deceased, the enmity between them, previous history of hostility, recovery of weapon from the accused etc., non-explanation of death of deceased, may lead to a presumption of guilt.
