Penal Code, 1860–Secs. 302/34 & 201–Acquittal–Appreciation of –Deceased sustained only two injuries whereas fourteen persons were alleged to commit the assault with him–Testimony of eye witness PW 6 in regard to time of assaulting is not found corroborated with the time of death–His statements were found contradictory with the statements of Investigation Officer–Fact that he saw the accused throwing the dead body in the well is doubtful–He stated that the deceased was assaulted when he was sleeping on the coat but neither the coat was recovered nor it was mentioned in the site plan–Recovery of axe is not established beyond the doubt–Held, acquittal was justified.
