Penal Code, 1860–Sec. 302–Conviction–Sustainability–Circumstantial evidence–Prosecution failed to prove that it was a case of homidical hanging–Motive is not established beyond doubt–Provisions of Sec. 106 of Evidence Act cannot be made applicable in view of facts of the case–Fake explanation or non-explanation itself is not an incriminating circumstance–Conviction is liable to be set aside.
