Penal Code, 1860–Secs. 302/34, 201, 392 & 397[Corresponding Sec. 103/3(5), 238, 309(4) & 311 of BNS, 2023]–Conviction–Sustainability–Case of circumstantial evidence–Allegation that the appellants looted the ornaments of deceased, killed her and, thereafter, threw her into a well–At the time of lodging the FIR, no information as to ornaments worn by the deceased was given by the complainant–Even, no information of missing of the ornaments was given at the time of recovery of the body–Witnesses of last seen turned hostile–Witnesses of mauka report, fard gatna sthal, recovery of the wooden stick and beer bottles also turned hostile–Inconsistencies in regard to clothes worn by the deceased–Witness whose motor-cycle was allegedly used by the appellants has also turned hostile–Conviction cannot be sustained merely on the ground of recovery of ornaments from the appellants–Set aside.
