Penal Code, 1860–Secs. 302/149 & 148–Acquittal–Appreciation of–Trial Court disbelieved the testimony of eye witnesses as contradiction was found in the testimony of PW-2–The claimed that he remained present with the dead body till the police reached, where as his statements u/s. 161 were recorded after three days–Further, lathies recovered from accuseds were not blood stained–PW-5 was son of deceased and his conduct was found unnatural–Held, acquittal was justified.
