Penal Code, 1860–Sec. 302–Acquittal–Appreciation of–Three eye witnesses out of four did not support the prosecution case–Remaining eye witness PW-16 does not seem to be an eye witness due to several discrepancies and contradictions in his statement–Delay of two days in lodging FIR–Nonexamination of investigation officer by prosecution is a serious lacuna in prosecution cases the case of accused seriously prejudiced–Held, acquittal was justified.
