Penal Code, 1860–Secs. 302/34 & 460–Acquittal–Appeal against–A subsequent theory was portrayed in the testimony of PW 5 that the respondent was hiding behind the building at the time of the incident–Verson was not found corroborated with the testimony of PW 4–Lathi recovered at the instance of him did not give any conclusive test regarding the presence of particular blood of group–No tangible evidence against him–Held, acquittal was justified.


