Penal Code, 1860–Secs. 302/34–Conviction–Sustainability–Courts below made reliance upon the non-cooperation on part of the accused to undergo the test identification parade by drawing an adverse inference–Witnesses had already been exposed to the accused in the police station–Both the Courts below shifted the onus on accused–So-called recovery raises
a serious doubt incurring to the benefit of the defence–No adequate material to fasten the appellants on the basis of constructive liability–Held, appellants are entitled to be acquitted.
