Penal Code, 1860–Sec. 302–Acquittal from the offence–Witness B was present at the time of incident but he was not produced by the prosecution–No explanation has been furnished as regards this point–Testimony of PW 2 was not found reliable as allegedly he saw the incident in the night from the distance of 165 feet–No other eye-witness–FSL report did not support the case of the prosecution–Held, acquittal was justified.
