Indian Penal Code, 1860
Section 302 read with Section 34—Murder—Conviction based on circumstantial evidence—Appeals—Circumstances from which conclusion of guilt is to be drawn should be fully established—However strong a suspicion may be, it cannot take place of a proof beyond reasonable doubt—Prosecution has utterly failed to prove the case as they need to prove the incriminating circumstances beyond reasonable doubt—Evidence with regard to last seen theory is totally unreliable—Evidence regarding the CDRs also is one which does not inspire any confidence—Conviction set aside—Appeals allowed.
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