Penal Code, 1860–Secs. 302, 302/34–Acquittal from the offence–Appreciation of–Version of witnesses that the injuries were caused by the sword, is not found corroborated with the post mortem report–Further, the witnesses stated that the accused used the pistol to scare them whereas no pistol was recovered–Recovered sword was not containing the human blood–Testimony of PW 6 & PW 7 is doubtful–PW 6 admitted the fact of earlier rivalry–He is also an interested witness in view of earlier land dispute–Conduct of witnesses after the incident is also unnatural–Contradictory statements of PW 6–Held, the findings of acquittal were justified.
