Penal Code, 1860–Sec. 302–Conviction–Sustainability–Case or proseuction that the appellant locked the room and left the place after murdering his wife and two children–Police have not recovered the broken lock to prove this fact–Further, the appellant was present at the place of the incident but his extra-judicial confession was not mentioned in FIR–Police made the fake recovery of the axe at the instance of the appellant which was lying in the room–No evidence to prove that the alleged injuries were caused by the axe–No recovery of blood stained clothes of appellant whereas the appellant was present–Motive is also not clear–Held, conviction cannot be sustained.
