Penal Code, 1860–Sec. 302/34– Conviction–Sustainability–Circumstantial evidence–PW 7 stated that he had not seen the appellant B committing the murders–Appellant was neither named in FIR not he was mentioned in the statements u/s. 161–Recovery of Kulhara was made after one year and twelve days–Nothing on record to show that he was absconding before his arrest–Further, the room from where the kulhera was recovered was not in exclusive possession of appellant–Case against the appellant is based on purely circumstantial evidence and chain of circumstances is not complete–Held, appellant is entitled to be acquitted.
