Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Sustainability–Circumstantial evidence–FIR was lodged on the next day despite the knowledge of occurrence–Place of incident was traced on 18.09.2013, however, the seizure was made on 20.09.2013 without any identification proceedings–Trial Court has disbelieved the recovery of sleepers–No cogent investigation or admissible evidence to establish that the towal belonged to the appellant–Prosecution failed to establish the alleged motive–Chain of circumstances is incomplete–Held, the appellant is entitled to be acquitted.
