Penal Code, 1860–Sec. 302–Conviction–Sustainability–Reliability of direct evidence–Most of the witnesses have been turned hostile–It is not established that the appellant assaulted the deceased–Presence of PW 7 at the spot of incident is not established beyond the doubt–Unexplained delay of 48 days in recording the statements of PW 17–It shows that he was not the eye witness of the incident–Unreliable recovery of knife–Held, prosecution failed to prove the case beyond the reasonable doubt–Appellant is entitled to be acquitted.
