Penal Code, 1860–Secs. 302/34, 448 & 324–Conviction–Appeal–Differences in the view of Division Bench–Facts and circumstances of the case showing that PW. 2 & 3 were not the eyewitnesses of the incident–Version of solitary eye witness PW 4 cannot be believed–Incident occurred in a foggy night and there was no light–Delay in lodging the FIR casts serious doubt on prosecution case–Prosecution did not choose to examine the injured witness Z–Medical report contradicting the version of prosecution witnesses Held, prosecution case could not be established beyond a reasonable doubt–
Appellants are entitled to be acquitted.
