Penal Code, 1860–Sec. 302–Conviction–Sustainability–Testimony of sole eye-witness is found contradicted with the medical evidence–He stated that he saw that the appellant bore the neck of his father and killed him–No mark of violence on the neck or respiratory organ of the victim–No discoloration on account of lack of oxygen–Only superficial abrasions were noticed on the left shoulder, right pinna and sternoclavicular region–Larynx and Trachea of deceased were healthy–Visceras gave the positive test for the presence of Ethyl Alcohol–Conclusion of trial Court that the death was homicide is totally
against the evidence available on record–Appellant is entitled to be acquitted.
