Penal Code, 1860–Secs. 302, 307, 380, 396, 397, 460, 324, 325, 326, 327 & 148/149 [Corresponding Secs. 103, 109, 305, 310(3), 311, 331(8), 118(1), 117(2), 118(2), 119(1) & 191(3)/190]–Acquittal from the offence–Appreciation of–PW 8 & 13 failed to identify the accused-persons in the dock–These witnesses were not declared hostile and cross-examined by the prosecution, therefore, their statements shall bind the prosecution–Serious infirmity in conducting the test identification parade–It is really difficult to hold that the identity of the accused-persons was clearly established during the trial–Held, acquittal was justified.
