Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Sustainability–Circumstantial evidence–Motive–Establishment– Discord between the appellant and deceased for payment of wages is not of such a nature of extent which may lead to such drastic action on part of the appellant–Statements of the witness of last seen are not corroborated with any other evidence–Recovery of weapon was effected after 20-25 days–No FSL report was brought on the record–Weapon like the farsi is found in almost every home in the village as a farming equipment–It cannot be concluded from the evidence of PW 1 and PW 3 that the appellant was identified fleeing from the place of the incident–Circumstances are not of a conclusive nature–Benefit of the doubt goes in favour of the appellant–He is entitled to be acquitted.
