Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 106–Acquittal–Appreciation of–Witnesses remained silent for fourteen days whereas the deceased’s was their close relatives–Allegation of the murder of wife and four children–Most of the witnesses turned hostile–Prosecution failed to establish that the accused was present at the home and in a village at the night of the incident–Provisions of Sec. 106 cannot be invoked and accused cannot be expected to explain the essential facts within his knowledge–Held, the acquittal was proper.
