Penal Code, 1860–Secs. 302/34, 394, 429/34 & 120-B–Conviction–Sustainability–Case of prosecution is based on the identification of accused in test identification parade and in the Court–It was dark at the place of incident–Identification of appellant is doubtful without any corroboration–Prosecution was required to adduce substantive evidence like recovery of articles and alleged weapons used in the offence–Nothing on record to show that the appellant was brought in a veiled condition before the Court to eliminate the possibility of the witnesses having seen the accused prior to the identification–
Conviction of appellant cannot be sustained.
