Short Note : 1. The discovery of the dead body and chappals at the instance of the appellant Kodya is highly suspicious. No doubt the handle of the axe has been found to be stained with human blood, but this, by itself, in the absence of other evidence and in view of the positive admission' of the appellant Wasudeo (co-accused), could not be used against the appellant Kodya. Further, no article belonging to the deceased was discovered at the instance of the appellant Kodya which was found to be stained with human blood. In the circumstances, this Court is of the view that the prosecution evidence does not conclusively establish the guilt of appellant Kodya. Kanbi Kausan Jadav v. State of Gujrat, AIR 1966 SC 811 relied on. Appeal allowed.