Penal Code, 1860–Secs. 302 & 397–Conviction–Sustainability–Unreliable evidence of identification of accused–Only evidence which remains is the evidence of so-called incriminating recoveries–Arrest memos were prepared well after detention–Conduct of Investigation Officer is totally unfair and brings the entire investigation under a grave cloud of doubt–In the arrest memo, it was not shown that the clothes worn by the accused were stained with blood–Witness also did not notice this aspect–Sequence of proceedings undertaken and deposed by the Investigation Officer runs contrary to documentary evidence–Witnesses of recovery were declared hostile–Recoveries
are fabricated and unreliable–Findings of conviction are liable to be quashed and set aside.
