Penal Code, 1860–Secs. 302 & 201–Conviction–Sustainability–Circumstantial evidence–FSL report does not show that the blood found on the recovered dagger was of the blood group of the deceased–Dagger and rikshaw were recovered from a place accessible to one and all–It is difficult to accept that the owner of rikshaw would remain silent when it was missing for 3-4 days–Recovery of blood stained clothes of appellant after four days from his sister-in-law’s house–It is difficult to believe that a person committing the crime would keep the clothes in the house of sister-in-law for four days–Held, only on the sole basis of recovery of blood-stained weapon, it cannot be said that the prosecution discharged its burden of proving the case beyond the reasonable doubt–Conviction deserves to be set aside.
