Penal Code, 1860–Sec. 302–Conviction–Sustainability–Case of circumstantial evidence–The evidence of PW 1 on the last seen theory cannot be believed as he stated that he was sleeping when allegedly the appellant took the deceased with him–As per version of PW 3, the motive for commission of the offence was absent–Significant improvements and omission in the evidence of PW 3–Held, conviction of the appellant cannot be sustained.
