LAW FOR ALL

Section 106 of the Indian Evidence Act, 1872 imposes an obligation on the accused to explain as to what happened after they were last seen together =There is one circumstance pertaining to recovery which could not be proved by the prosecution beyond reasonable doubt. The High Court held that recovery of the weapon and the severed cut head of the deceased was not corroborated by PW-7 and PW-14 who were seizure list witnesses. The High Court also held that the recorded version of the statement made by the Appellant which led to recovery was not produced by the prosecution. The High Court found that there was no evidence to show as to which particular article was recovered at whose instance pursuant to the joint statement made by the accused. The High Court proceeded to hold that the circumstances relating to recovery was not proved by the prosecution. The High Court concluded that the Appellant was guilty on the basis of other circumstantial evidence. We are in agreement with the conclusion of the High Court that though the recovery was not proved, the other circumstantial evidence is sufficient to prove the guilt of the accused.