Penal Code, 1860–Secs. 395 & 397–Acquittal from the offence–Appeal against–State has challenged the acquittal of accused BH & BA and accused N has not been made the party-respondent–Case of BH & BA is not differentiable than the case of N–It is not permissible for the State to pursue the criminal appeal against acquittal on merits against the accused BH & BA–Court below rightly disbelieved the version of PW 3–Evidence of prosecution witnesses to identify accused-respondents may not be held to be free from suspicion –Identification of the accused-respondents with the recovered articles is not proved beyond the doubt–Held, no case is made out for interference.
