Penal Code, 1860–Secs. 302, 201 & 380–Evidence Act, 1872–Sec. 65-B–Circumstantial evidence–Establishment–Witness of last seen was not sure about the date on which he saw the deceased with accused–He was not previously known to the accused–Test identification parade was not conducted–Sample of the blood of accused was not sent to FSL–Injuries were sustained by the accused during the occurrence, therefore, it was necessary to find out whether the blood found on the weapon, recovered clothes, etc. was that of deceased or the accused–No independent witness of recovery of clothes–Finger-prints were not collected faithfully–No certificate u/s. 65-B in support of call details–Held, Court below committed error in appreciating the evidence–Appellant is guilty for only the offence u/s. 380.
