Penal Code, 1860–Secs. 304A & 302 [Corresponding Sec. 103 of BNS, 2023]–Acquittal from the offence u/s. 302, by convicting the accused-appellant u/s. 304A–All the witnesses claiming to be eye-witnesses were known to the deceased and his brother but no one tried to pick him or take him to hospital after the incident–No one came forward to report the matter to police, and as per their statements, they came to know about the death of the deceased on next day–PW 5, 10 & 11 were advocates by profession yet chose not to report the accident to the police–Owner of jeep deined the involvement of the jeep in the accident–Trial Court extended the benefit of doubt u/s. 302 and concluded that even if the jeep was involved in the accident, but the prosecution failed to prove beyond the reasonable doubt that the accused was driving the jeep at the time of the accident–Held, benefit of doubt is to be extended to the accused for the conviction u/s. 304A.
