Indian Penal Code, 1860
Sections 148 & 302/149—Murder—Conviction—Identity of named accused as assailants of the deceased has not been established in the court beyond a reasonable doubt—Then what remains is the evidence of alleged recovery of weapons of assault at the instance of accused—Conviction cannot be sustained only on the basis of the alleged recovery—Conviction set aside—Appeal allowed.
[Para 9]
Decision : Appeal allowed