further stressed that the case of the Prosecution is entirely based on a presumption, insofar as there was no material to establish the alleged story of P.W.-1; and there is no evidence on record to establish the motive of the Appellants to murder the Deceased. It was contended that there was nothing on record to establish that the Appellants were residing together and were present at the time of occurrence of the said incident. 16. The Ld. Counsel appearing on behalf of the Appellant(s) submitted that that the presence of the tin of paint is demonstrable from the Observation Mahazar (Ex P.8), however there is also nothing to show that the Appellants had inflicted the injuries on the Deceased. In this respect, it is also stated the observation made by the Hon’ble High Court vis-à-vis the shift of burden of proof under Section 106 CrPC to prove a certain fact, strictly within the knowledge of the Appellants is wholly erroneous. 17. It is further submitted that the entire case of the