Penal Code, 1860–Secs. 302, 302/34–Acquittal–Appreciation of–Major improvements in the testimony of prosecution witnesses–PW 1 was declared hostile–She stated that the accused P assaulted the deceased before throwing him in the well whereas no injury was found on the body of deceased–All the witnesses were near relatives to complainant–PW 3 & PW 5 cannot be deemed to be eye witnesses in view of their statements–Version given by accused P as defence witness was found probable and his testimony could not be shaken in cross-examination–Prosecution failed to prove the motive of crime–Held, acquittal was justified.
