Penal Code, 1860–Sec. 302–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1985–Sec. 3(2)(v)–Conviction–Circumstantial evidence–Version stated by the witness of last seen is found falsified as no missing report was lodged at the police station–Vital witnesses were not examined by the prosecution to corroborate the fact of last seen–Dead body was sent for post mortem on 10.09.2012 whereas the Exp. 12 was prepared on 12.09.2012 in which statements of appellant u/s. 27 of Evidence Act as regard to recovery of the body were recorded–Articles of deceased were lying near the dead body–Owner of the field was not examined to establish the fact that the dead body was recovered from the field–Serious padding was done by investigation agency to involve the appellant–Prosecution failed to complete the chain of circumstances–Appellant is entitled to be acquitted.
