Penal Code, 1860–Sec. 302–Acquittal from the offence–Sole eye-witness of incident was not produced by the prosecution–Recovery of the axe was effected after nine days from the open place–Prosecution failed to produce any evidence to establish the enmity between the deceased and accused–Mere presence of accused at the site or the differences between the accused and deceased unless acted upon, would not bring in the purview of conviction or absolute making out of the crime–Interference declined.
