Section 302 & 201 r/ws 34 IPC. Murder. circumstial evidence. Evidence of Last
seen together. failure to conduct a test identification parade- Prosecution case
that on 17.2.2004 , deceased and the appellant. accused consumed liqueur and
thereafter, appellant accompanied deceased on his motorcycle. appellant was
driving the driving the motorcycle and deceased was a pillion rider.
Motor cycle allegedly met with with a minor accident in which PW 6 suffered a
minor injury. when PW 6 cried for help some people came there, and at there
intervention, the matter was settled with appellant. according to the
prosecution case, three companion s of the appellant and deceased had consumed
Thereafter, there was an altercation between them and the appellant and two'
other assaulted the deceased on the head , resulting in his death.. three of
them dug earth by the side of a hand pump and buried dead body of deceased.
Prosecution s case that a memorandum of disclosure was made by appellant, as a
result of which the dead body could be exhumed. the Trial Court convicted
appellant. accused for offences u/s 302 and 201 r/ws 34 , IPC. in appeal the HC
confirmed his conviction and sentence. PW 6 admitted that he did not know
He admitted in his conviction that not only the TIP was not held , but he was
called to the office of the SP and he was shown the appellant. failure to
examine any other witnesses, TIP was not conducted. whether conviction of
appellant as recorded by Court's below was sustainable. Held: No.