Penal Code, 1860–Secs. 302/34, 460 & 394–Conviction–Sustainability–Circumstantial evidence–Conviction of the appellant is based only on the recovery of mobile phone of deceased–Sim number is clearly contrary to the version of PW 3 who purchased the same–Number shown of the battery were also different–Mobile phone was capable of being transferred by mere delivery–It was not mixed with any other similar looking mobile phone–Held, appellant is entitled to get the benefit of the doubt.


