Penal Code, 1860–Sec. 302–Conviction of R whereas acquittal of other accused–Circumstantial evidence–Appreciation of–Deceased made a dying declaration before the witness B as to cause his death and as to who had
beaten him–B lodged the FIR of incident and disclosed the fact of dying declaration– Other witnesses also supported the version of B in regard to dying declaration–Recovery of incriminating article saria was made at the instance of R which was also proved–Blood group of deceased and blood
found on saria was found same–Motive to commit murder was a dispute in regard to shop–Held, no infirmity or illegality is found in the findings of conviction of R–However, other accused cannot be convicted merely on the
ground of suspicion–They were rightly acquitted.
