Penal Code, 1860–Secs. 302/34 & 201/34 [Corresponding Secs. 103/3(5) & 238/3(5) of BNS, 2023]–Acquittal from the offence–Case of accident was converted into murder on the report of father of deceased–Complainant-father levelled the allegations on the basis of information given by PW 15–PW 15 gave the information after 20-22 days of incident and complainant-father lodged the FIR after a further delay of 4-5 days–Accused-respondent J himself was injured in the accident, sustaining a fracture to his right thigh–If he had staged the accident, the likelihood of him suffering such a serious injury would be questionable–Recovered tyre lever is not the murder weapon and its recovery has no consequence–Held, acquittal was justified.
