Penal Code, 1860–Sec. 304Pt-I–Conviction–Circumstantial evidence–Establishment–PW 7 deposed that the appellants were seen near the place where the dead body of the deceased was found–It cannot be said that the deceased was last seen in the company of the deceased–Recovery was made from an open place accessible to one and all–In any case, only on the basis of the circumstance of recovery, it cannot be said that the prosecution has proved the case beyond reasonable doubt–Held, impugned judgment cannot be sustained.
