Penal Code, 1860–Secs. 302/149 & 201/149–Conviction–Set aside by High Court–Appreciation of–Sole eye-witness PW 9 neither saw anyone killing his son nor burning the victim–He did not depose anything as to why he had not tried to intervene and save his son from the assault or stop the accused persons from taking him away in the car–He had not received any injury–He did not mention about the use of pistol but the police recovered empty cartridge and cause of death mentioned in the post mortem report was firing from the close range–Presence of witness is doubtful–He was the most interested witness and was having long enmity with the group of accused persons–Held, High Court rightly recorded the findings of acquittal.
