Penal Code, 1860–Sec. 302–Acquittal by High Court–Justification– Homicidal death of six persons on account of firearm injuries–Prompt FIR High Court disbelieved the testimony of eyewitnesses–No substantial reasons were given–View of High Court that a child aged six years cannot recapitulate the
facts after ten years–Cannot be held based on any principle–High Court also disbelieved the eye witness PW. 2 on the ground that there was no light on the spot of the incident–His statements were found corroborated with the other witnesses and Ex. Ka-14–Deceased B made an oral dying declaration before his brother J which was also disbelieved by High Court with the reason that he was not mentioned in FIR or statements u/s. 161–Not justified as per circumstances of the case–Held findings of acquittal are not sustainable & reversed.
