Penal Code, 1860–Sec. 302–Conviction–Confirmed by the High Court –Justification–FIR was lodged on the next day by PW 9 who was not the eye-witness of the incident and she was working as a village chowkidar in a neighbouring village–Testimony of eye-witness PW 2 is inconsistent with his previous statement–His statement is inconclusive as regards the assault being the cause of death–PW 6 was the chance- witness and he was not present when the incident occurred–It is also not clear that how the body of deceased came near the temple and why the lathi was left near the dead body–Unexplained presence of lathi is of significance when it is not the case of prosecution that the deceased had used the lathi in self defence–Prosecution case is not proved beyond the doubt.
