Penal Code, 1860–Sec. 302–Code of Criminal Procedure, 1973–Sec. 227–Prayer for discharge–Rejected–Justification–Appellant was the friend of deceased and he reached on the call of his wife–He took the deceased to hospital with his colleague without loss of time–No prima facie evidence against him–Nothing in the statements of eye-witness u/ss. 161 & 164 against the appellant–Nothing on record to suggest the conspiracy by him–Held, he is
entitled to be discharged from the offence.