Penal Code, 1860–Secs. 302/34 & 201–Conviction–Sustainability–Circumstantial evidence–Vehicle was recovered from the shop along with certificate of registration–However, nothing on record to connect the vehicle with a crime–Body was recovered in decomposed condition and cause of death could not have been traced out–Further, the prosecution failed to establish that the death was caused by strangulating the deceased–So the recovery of peace of nylon saree is not an incriminating circumstance–Deceased
used to drink alcohol and used to spend money recklessly–So many enemies due to bad habits–Held, the appellant is entitled, for getting the benefit of the doubt.
