Penal Code, 1860–Secs. 302 & 302/34–Code of Criminal Procedure, 1973–Sec. 154–Acquittal from the offence–Incident occurred at 9.30 AM on 24.04.1998 whereas the FIR was lodged on 25.04.1998 at 3.40 AM–Explanation given for the delay is false and not satisfactory–Contradictions in the statements of first informant–Serious contradictions were found in the statements of other witnesses–It is not believable that none of the villagers saw the incident happening despite hearing carries and assembled at the place of the incident which was thickly populated and surrounded by the residences of villagers–Recovery of weapons was made after many days and it is also doubtful that the recovered weapons reached intact to FSL –Held, trial Court rightly concluded the acquittal of accused.
