Penal Code, 1860–Sec. 302 [ Corresponding Sec. 103 of BNS, 2023 ]–Conviction–Sustainability–Case of direct evidence–The witnesses who carried the deceased to the hospital were not having the bloodstains on their clothes–They did not inform either police station or the police constable who was standing at a distance about 50 steps from the place of incident–Contradictions in the evidence of witnesses with regard to presence of each other at the place of incident–They did not inform about the cause of death of the deceased in the MLC papers though they were aware about the person who had inflicted the deceased–Statements of witnesses were recorded after a long delay even when they were available–Deceased was a history-sheeter and there was a previous enmity between him and appellant–Held, appellant is entitled to get the benefit of doubt.


