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 liqueur.

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 appellant.

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.