Penal Code, 1860–Secs. 302 & 364 [Corresponding Sec. 103 & 140(1) of BNS, 2023]–Conviction–Sustainability–Though the prosecution established the animosity between the parties, but the same is not sufficient unless the fact of kidnapping and killing the deceased is proved–PW 5 & PW6 did not utter a single word so as to prove the kidnapping–No evidence of last seen –Prosecution failed to prove the commission of the offence at the hands of A-1–He is entitled to be acquitted.
