Penal Code, 1860–Secs. 302, 302/149, 307, 307/149, 452 & 148–Acquittal from the offence–Incident was alleged to have occurred on 19.07.1992 but the statements of witnesses were recorded on 12.10.1992–No explanation for causing such delay–No evidence on record to show that the witnesses were not available for recording the statements–Witness k did not tell about the assaulting–He also did not state that how and on which part of the body, the deceased sustained the injuries–His statements are found contradicted with the injury report–Presence of witness S is also doubtful because his statements are not corroborated with the medical evidence–Recovered lathi and farsi were not sent for FSL examination and no blood stains were found on them–Delay in effecting the recovery after receiving the information u/s. 27–Held, trial Court rightly recorded the findings of acquittal.
