Penal Code, 1860–Secs. 304-B, 498-A & 302 [Corresponding Secs. 80, 85 & 103 of BNS, 2023]–Acquittal from the offence–Appreciation of–Facts of dowry demand and extra-judicial confession were not mentioned in the FIR, though these were in knowledge of informant PW 1–Fact of illicit relations of accused and weapon were also not mentioned–PW 1 cannot be a reliable witness–PW 2, who claimed that he went to police station with PW 1, failed to explain that why these facts were omitted in FIR–Witnesses of extra judicial confession are interested witnesses–Recovery of weapon “kassa” is not reliable–Further, the FSL report does not indicate any blood stains on it–No independent neighbour witness–Prosecution failed to establish that the accused-respondent was present at the place of incident–Held, acquittal was justified.
