Penal Code, 1860–Secs. 302/34 & 302/114–Acquittal–Appreciation of–PW-4, who lodged the FIR, turned hostile and declined from submission of FIR–PW 9 seems to be the eye witness, but his unusual conduct clouds the case of prosecution–Further, not reporting the incident to police or to any one for five days castes serious doubt upon him–His testimony was also found full with contradictions–Testimony of wife of deceased was also found doubtful–Witnesses of recovery turned hostile–Medical evidence also not supporting the prosecution case–Held, acquittal was justified.
