Penal Code, 1860–Sec. 302/34–Conviction u/s. 302/34 by acquitting the appellant from the offence u/s. 394/34–All the witnesses stated that the appellant caused the injuries with the barrel of the pistol–Doctor admitted in crossexamination that out of four injuries, two cannot be caused by barrel of the pistol–He stated further that other two injuries were caused by the axe–Witnesses were related witnesses and their conduct is unnatural–Further, PW -3 stated that the appellant amputated the finger of deceased for taking his ring whereas the doctor stated that there was no amputation of finger–Recoveries are also not reliable–Held, appellant is entitled to be acquitted.
