Penal Code, 1860–Secs. 302 & 201–Conviction–Sustainability–Circumstantial evidence–Missing report of deceased was concealed by the prosecution–It brings the investigation under the grave clouds of doubt–No possibility that the witness would be in a position to see the accused with the deceased as he admitted the fact of significant distance and darkness–Evidence of recovery of the dead body in pursuance of information u/s. 27 is cooked up–Post investigation FIR–Appellant is entitled to be acquitted.


