Penal Code, 1860–Secs. 302/34, 397/34 & 323/34–Conviction–Sustainability of–Circumstantial evidence–Presence of witnesses at the spot is doubtful–They did not furnish any specific particulars of accused in regard to identification–Pistol was recovered from the spot of occurrence but no injury of firearm was found on the body of deceased–Witnesses accepted that the deceased fell into pit and his moped was also lying in the a pit–Suspicious circumstances in regard to identification of accused–Recovered articles remained in malkhana for a long time–No explanation–No independent witness of recovery–Prosecution failed to complete the chain of circumstances–Conviction cannot be sustained.
