Penal Code, 1860–Secs. 302 [Corresponding Sec. 103 of BNS, 2023]–Evidence Act, 1872–Sec. 32–Conviction–Sustainability–Death by burning–Exp. 1 does not contain endorsement regarding the fitness of the deceased and no request was made to any Executive or Judicial Magistrate–No evidence was found to establish the demand of money for liquor or physical cruelty by the accused–Explanation of accused that he was present at a community religious gathering is found supported by the version of prosecution witnesses –Prosecution failed to negate this explanation–No material to show the presence of any relative at the time of recording Ex.P 1–Glaring lapses in investigation–Recovery of three used match sticks strengthens the case of defence–Trial Court failed to appreciate the vital aspects of the matter–Conviction cannot be sustained.
