Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Case of direct evidence–PW 2 and PW 6 cannot be held to be the eye-witnesses of the incident in view of their statements–If they would be the eye-witnesses, the FIR would be lodged immediately and they would have taken the deceased to hospital–PW 1 was declared hostile and PW 3 stated nothing in his statements–Unreliable recovery memos–It is also not established that the premises in question was in tenancy of the appellant–Prosecution failed to prove the case beyond the reasonable doubt–Appellant is entitled to be acquitted.
