As per case facts, Kanan Mallick died in her matrimonial home due to alleged torture by her husband (Bishu Dhali) and his elder sister (Molin Dhali). The informant, Kanan's brother, ... lodged an FIR after being informed of her death and seeing injuries, while no family members of the accused were present. The Trial Court convicted the appellants for murder based on circumstantial evidence. This Criminal Appeal challenged the Judgment of conviction, arguing that the prosecution failed to establish the accused's presence or a clear motive. The question arose whether the prosecution successfully established a complete chain of circumstantial evidence, including the 'last seen' theory, to shift the onus of explanation to the accused under Section 106 of the Evidence Act. Finally, the High Court found that the prosecution did not conclusively prove the accused's presence with the deceased near the time of death, leading to missing links. Therefore, the onus did not shift, and their explanations could not be deemed incriminating. The High Court allowed the appeal, setting aside the conviction and ordering release.