Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Evidence Act, 1872–Sec. 106–Acquittal of appellant–Reversed by the High Court –Justification–Appellant-husband gave the first information in which it was stated that he had gone to cement factory for labour work–No suspicion was raised at the time of preparation of inquest report–Allegation of strangulation mark on the neck of deceased is contrary to the facts recorded in the inquest report–Police ought to have inquire about the presence of appellant at the factory to disprove his alibi–No single circumstance pointing the guilt of accused-appellant–Impugned judgment passed by the High Court is liable to be set aside.
