Penal Code, 1860–Sec. 302–Acquittal–Reversed by High Court–Justification–Major discrepancy in the charge framed by the Court and the statements of the witnesses–Specific allegation that the deceased was taken by A2 but the wife of the deceased and brother stated that the deceased was taken by the appellant–It is also not clear as to why the deceased went to house of appellant when there was a strong animosity–Long time gap between the alleged last seen amd recovery of body–No other corroborative evidence in support of the circumstance of last seen–Appellant is entitled to be acquitted.
