Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Sustainability–Admitted fact that there is no eye-witness of the incident–Statements of PW 6 cannot be held reliable as there injured was neither taken to hospital with the help of other persons nor the police was informed–His conduct of leavng the deceased in injured condition cannot be appreciated–Delay in recordng the statements of other witnesses–Investigation Officer admitted that the statements recorded by him are not available on the record–Further, no reason was assigned for causing the delay in recording the statements–Recovery of wooden stick is not reliable–No report of blood group of the deceased and accused–Prosecution failed to prove the chain of circumstances –Held, appellant is entitled to be acquitted.
