Penal Code, 1860–Sec. 302–Conviction–Sustainability–Circumstantial evidence–PWs. 7 & 8 stated that they saw that a person was beating nearby house–They didn’t come out due to fear–Dead body was found outside of their house on next day–Statements are doubtful, without confidence and against human conduct–No specific allegation or evidence regarding motive–Bloodstained stones of 25 & 15 kgs. were recovered, which were not at the instance of appellant–Further, it was not possible to raise them in hand and throw upon a person–No incriminating circumstance against appellant–Held, conviction is liable to be set aside.
