Penal Code, 1860–Secs. 302/34, 449, 404 & 201/302–Conviction–Identification of appellant and reliability of recovery–Accused were in judicial custody on the day of recovery of incriminating articles–Nothing on record to show that the Investigation Team had taken the permission from the Magistrate for their release for these recoveries–Recoveries have no relevance–There is no motive against present appellant–Appellant was not known for eye-witnesses but the T.I.P. was not conducted–Further, the witnesses had seen the appellant from a distance and wearing a monkey cap–Dock identification of present appellant is doubtful–Held, he cannot be convicted on the basis of a very doubtful evidence.
