Penal Code, 1860–Secs. 302 & 452–Conviction by High Court–Sus-tainability–Reliability of direct evidence–No evidence on record to show that the deceased was knowing that the PW 1 was present outside of the house–PW 1 did not enter in the house despite the call of the deceased–If he had seen the accused leaving the house, he should have entered the house of deceased and checked his condition–His evidence is not in tune of evidence of PW 5–Non-availability of the finger-print report and non-examination of the witnesses noted by the Trial Court would go to the root of the case–House of deceased was surrounded by numerous other houses–Held, prosecution failed to prove the case beyond the reasonable doubt and appellant is entitled to be acquitted.
