Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Sustainability–Case of direct evidence–Case of prosecution that the appellant threw the chili powder in the eyes of the deceased and inflicted the injuries with lathi–No motive was mentioned in the FIR whereas it has more significance in the cases of direct evidence–PW 10 was the eye-witness of occurrence–He admitted in cross-examination that he does not know the assailant nor he saw anyone inflicting the injuires –He does not know that how the deceased fallan and when the water was dropped on him–No other circumstantial evidence to link the appellant with the incident–No FSL report to tally the blood stains found on the recovered piece of stick–Prosecution failed to establish the offence beyond the reasonable doubt–Appellant is entitled to be acquitted.
