Penal Code, 1860–Secs. 302, 323 & 326 [ Corresponding Secs. 103, 115(2) & 118(2) of BNS, 2023]–Conviction–Sustainability–Star eye-witness PW 1 turned hostile and stated that he had not seen the incident, and he did not know the accused-persons–PW 2 admitted that no recovery proceedings were conducted in his presence and his thumb impressions were obtained in the police station–Other material witnesses PW 8, PW 9 and PW 12 also did not support the case of the prosecution–Even the injured witness PW 11 failed to identify the assailants–Doctor stated that the injury could also be caused by a fall on a sharp stone–Testimony of PW 14 creates doubt regarding the exact place of the occurrence and manner of the occurrence as projected by the prosecution–Admitted absence of the prior treatment record of the deceased at the time of postmortem examination–Non-investigation of the alleged motive mentioned in the FIR–Scientific and forensic evidence, which could have provided medical corroboration to the prosecution story, remained wholly unproved–Held, Trial Court failed to properly appreciate the evidence available on record–Appellant is entitled to be acquitted.
