Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Sustainability–Case of circumstantial evidence–Witness of extra-judicial confession imporved her version–Her statements reveals that the confession was made in the police custody–Veracity of the witness of last seen is doubtful–Except the deposition of PW 4, there is no evidence to show that the deceased and appellant knew each other–Mere recovery is not sufficient to warrant conviction of an accused in a case based on circumstantial evidence unless there is a complete chain leading only to the probability of his guilt–Further, in the FSL report of the recovered articles, the blood group could not be specified–It is not proved that the aforesaid articles had blood either of the appellant or of the deceased–Medical report in regard to injuries sustained by the appellant was not proved in accordance with law–Held, he is entitled to acquitted.
