Penal Code, 1860–Secs. 302, 302/149, 396 & 450–Acquittal from the offence–As per oral evidence, none of the witnesses had seen the accused before the incident or recognized them–Identifying masked accused, solely by their eyes and hair in the darkness of mid-night is not possible, especially if the lighting conditions are extremely poor–Version of PW 2 is belied from his own statement in the cross examination–Accused were arrested on different dates–No reason has been explained as to defer their test identification parade–PW 1 admitted that he and his brother (PW4) had seen the accused in the police station–Report of chance prints was not produced in the evidence–Recovery of empty shells, gun etc. are not sufficient to connect the respondents with the alleged murder–Held, acquittal was justified.
