Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Code of Criminal Procedure, 1973–Sec. 162–Conviction–Sustainability–Case of direct evidence–Omissions in the testimony of PW 5 are material and relevant and same amount to contradiction in view of Sec. 162 Cr.P.C.–If the conduct of PW 4 & 5 is considered, their version does not inspire confidence–If their evidence is disbelieved, only the evidence of recovery of knife at the instance of appellant remains which is not sufficient to secure the conviction–Appellant is entitled to be acquitted.
