JUDGMENT :

K.M. JOSEPH, J.

1. This appeal by special leave is directed against the judgment of the High Court dismissing the appeal filed by the appellant against his conviction under Section 302 of the Indian Penal code (hereinafter referred to as the “IPC”) and sentencing to rigorous imprisonment for life.

2. On 27/06/1993 upon discovery of an unidentified body near a canal and the case being registered and upon investigation being conducted the appellant along with another came to be charge sheeted and charged with the commission of offences under Section 302 read with Section 34 of the IPC. They were also charged with the offence under Section 201 of the IPC. Before the trial Court the prosecution examined PW1 to PW17. The appellant examined DW1 and DW2. The trial Court convicted the appellant while it acquitted the co-accused. As already noticed the High Court has affirmed the conviction and sentence of the accused- appellant.

3. We heard Ms. Aishwarya Bhati, learned Amicus Curiae and also learned counsel for the respondent-State.

4. Learned Amicus Curiae contended before us that the case is based only on circumstantial evidence. She pointed out that there are three circumstances w