Penal Code, 1860–Secs. 394 & 460–Conviction–Sustainability–Circumstantial evidence–Suspicious circumstance in regard to the lifting of foot prints–Procedure established in Rules was not followed–Material witness was withhold by prosecution–Contradictions between the testimony of witnesses and
site plan–No order was secured from Magistrate before directing the appellants to allow the police to take their footprints–Test identification of footprints was also made in absence of Magistrate–Recovery of jewellery and their identification is shrouded in mystery–Recovered weapons were also not sent for FSL examination–Further, the recovery of sariya does not connect the appellant with a crime–Held, the conviction cannot be sustained.
