Penal Code, 1860–Sec. 302 & 120-B–Conviction–Circumstantial evidence–Extra-judicial confession of appellant B cannot be relied on for lack of additional material on record–No justifiable explanation was given by prosecution as to how the torn leaf came in possession of appellant D as the bahi recovered from appellant B–Recovery of amount was also not clarified by prosecution–FSL report of torn leaf paper also creating doubt on prosecution case–Mere suspicion can not be the ground for recording the findings of conviction–Two views are possible–Held, appellants are entitled to get the benefit of doubt.


