Penal Code, 1860–Sec. 326 [Corresponding Sec. 118(2) of BNS, 2023]–Code of Criminal Procedure, 1973–Sec. 313–Conviction–Sustainability–Case of acide attack–Conduct of PW 15 & PW 17 is highly unnatural–They both have claimed to have seen the appellant throwing acid upon victim, but as per their deposition, they have sent both the complainant as well as accused in the same auto-rikshaw to the hospital without any person accompanying them–PW 11 & PW 13 have not seen the actual incident–PW 16 is a planted witness–Conclusion of the Trial Court that the appellant failed to establish his plea recorded u/s. 313 is not correct as the substantial part of plea is sub-stantiated from the evidence available on the record–Appellant did not flee even after reaching to hospital –Prosecution has not able in proving the case beyond a reasonable doubt–Appellant is entitled to be acquitted.
