Penal Code, 1860–Sec. 302–Acquittal–Appreciation of –FIR was lodged with the allegation that the accused-respondent caused the head injury with exe, however, no sharp injury was found on the head of the deceased and only a small laceration was found–Witnesses changed their version later on, and stated that the injury was caused by the handle of the axe–Cause of death was the rapture of the spleen, but there is no evidence to show that the respondent-accused caused any injury on the spleen–PW 3 stated that the deceased fell from the boundary wall–Held, acquittal was justified.
