Penal Code, 1860–Secs. 302 & 201–Conviction–Establishment–Circumstantial evidence–Testimony of PW 3 is found improved–Theory of last seen of the appellant with the deceased is not believable–Recovery of weapon is also not reliable because PW 5 stated that he signed the mazhar at the police station–Appellant cannot be convicted merely on the basis of circumstance of his conduct–He deserves to be acquitted.
