Penal Code, 1860–Sec. 302–Conviction–Sustainability–Police recorded the statements of witnesses after the lapse of two months–No reason was explained for the delay–Recoveries are not reliable–Prosecution failed to establish that there was a prior dispute in regard to land–Appeal of State against the acquittal of co-accused has been dismissed–Held, the prosecution failed to prove the case beyond the reasonable doubt and appellant is entitled to be acquitted.


