Penal Code, 1860–Secs. 302 & 307{Corresponding Secs. 103 & 109 of BNS, 2023}–Acquittal from the offence–Appreciation of–Case of direct evidence –From the statements of PW 1, 2 & 7, it is clear that they did not see the incident with their eyes–Delay of 20 days in recording the statements of PW 7–No Explanation–PW 3, 4, 5, 6 & 8 were not mentioned in written report–Prosecution failed to declare PW 5 hostile–Neither the recovery memo of the recovered weapon was exhibited by the prosecution nor it was presented before the Court–Prosecution failed to establish the motive of the offence–Held, acquittal was justified.
