Penal Code, 1860–Secs. 302/34 & 364/34–Conviction of certain accused by acquitting the accused nos. 6 & 7–High Court upheld the conviction as well convicted the accused nos. 6 & 7–Justification–No explanation by the prosecution for non-examination of three witnesses who were present in the house and they were the natural eye-witnesses–Fact of threatening by pistol was introduced for the first time before the Trial Court–No pistol has been recovered from any of accused–There was no occasion for PW 2, PW 4 & PW 5 for reaching at the spot at the relevant time–They were relatives of deceased–Stark difference between the statements of Investigation Officer and his superiors who supervised the investigation–It was also not established that the deceased was residing in the alleged house–Recovery of her clothes with the dead body seems to be planted–Approach of HIgh Court in reversing the acquittal of A6 & A7 was not in line with the settled law–No direct evidence is available on record to prove the commission of murder by the accused persons–All the accused are entitled to be acquitted.
