Penal Code, 1860–Sec. 302–[Corresponding Sec. 103 of BNS, 2023]–Acquittal from the offence–Case of circumstantial evidence–No site map was prepared by the police on the basis of information divulged by the accused–Further, it is admitted fact that the site was already known to the police officials and had been inspected, and the site inspection memo was prepared prior to arrest of the accused–Evidence of witness of extra-judicial confession does not inspire confidence as there is no proximity or relationship between the witness and accused–Further, his version is not found corroborated by the Investigation Officer–Failure to record the statement u/s. 161 of this witness raises serious doubt–No recovery of the weapon used in the crime has been undertaken–No witness was testified regarding any motive–Chain of circumstances is not complete–Held, acquittal was justified.
