Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Sustainability–Case of prosecution that the appellant plunked down the metal water pot on the deceased-child–As per statements of PW 5, appellant fell down, due to which the water pot slipped on the child, however, he by improving his statement immediately stated that it was intentionally done by the appellant–PW 4, the mother of child was sleepiing at the time of incident–She stated that she saw the appellant running away from the spot–She admitted that there is no dispute with the appellant–Serious contradictions between the statements of PW 4 & PW 6 regarding the dispute–Motive of appellant to commit the serious offence u/s. 302 is not established–Trial Court has not given the specific findings to convict the appellant u/s. 302–Held, he is entitled to be acquitted from the offence.
