Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 114–Case of the prosecution that all the five persons sitting in the hired vehicle of the appellant left the vehicle on the way and resumed their journey on foot–Thereafter, the appellant intentionally hit the deceased and caused the death on the spot–Prosecution witnesses are wholly reliable so as to arrive at the conclusion that the accused is author of the crime–Site plan corroborates the ocular evidence–Hit by jeep by the appellant was premeditated–Medical opinion that the injuries were anti-mortem and these were sufficient for causing the death–Investigation cannot be held to be started prior to lodging the FIR–Statements of appellant u/s. 313 are not found acceptable–Vehicle was found damaged from the front side–Presumption u/s. 114 of the Evidence Act that he committed the murder of the deceased–Held, conviction was justified.
