Penal Code, 1860–Secs. 302, 302/149, 147 & 148 [Corresponding Secs. 103, 103/190, 191(2) & 191(3) of BNS, 2023]–Acquittal from the offence–Case of direct evidence–Reliability of witnesses–PW 12 allegedly witnessed the incident but he neither informed the family members of deceased nor reported to police–He disclosed the fact after a lapse of 10-12 days before PW 20 that too in the course of consuming alcohol–Testimony of PW 20 does not support or corroborate the assertion made by PW 12–Material inconsistencies in the testimony of PW 23–Recoveries were effected from an open and publicly acessible place, without presence of any independent witness–Further, the FSL report does not show the presence of human blood on recovered articles–Contradictions in regard to the time of information received about the death–Prosecution failed to establish any compelling motive–Held, acquittal was justified.
