Penal Code, 1860–Secs. 302 & 452–Evidence Act, 1872–Sec. 32–Conviction–Sustainable against whom–Earliest dying declaration was recorded by doctor in which the deceased did not state anything about the appellant–Testimony of PW 12 (son of deceased) is not corroborated with any other evidence–Other son of deceased was not examined by prosecution–Long standing enmity between the family of appellant and deceased–Delay of six hours in lodging FIR–Held, appellant is entitled to get the benefit of doubt.
