Penal Code, 1860–Sec. 302–Conviction–Sustainability–Circumstantial evidence–Witnesses of last seen are not reliable–Other material witnesses did not support the case of prosecution–Blood group of the blood found on the clothes of the appellant could not be detected–Therefore, the conviction cannot be recorded on the basis of FSL report–It is not the case of the prosecution that the deceased was throttled by the appellant whereas the medical evidence showing that the cause of death was asphyxia–Site plan cannot be read against the appellant–Contradictions in regard to the entry of recovered articles in malkhana register–Held, the prosecution failed to prove the guilt of appellant as the chain of circumstances is not complete–He is entitled to be acquitted.
