Law:

Section:

(a) Penal Code (XLV of 1860)----- -----Ss. 302(b) & 34-----Qatl-i-amd, common intention-----Benefit of doubt-----Inordinate, unexplained delay in reporting the matter to the Police, and in conducting postmortem examination of the deceased, had adversely affected the prosecution case-----Both prosecution witnesses, who were produced as eye-witnesses, were real brothers inter se and maternal cousin of the deceased and the complainant; and were residents of a village situated at a distance of twenty miles from the place of occurrence-----The witnesses could not give any reason for their presence at the scene of occurrence at relevant time-----Both the witnesses were chance witnesses, and they had made improvements in their statements-----Accused was not named in the FIR-----Two accused persons, who were nominated in the FIR with specific role of pressing the neck of the deceased had been acquitted of the charge by Trial Court while disbelieving the same prosecution evidence and no appeal against their acquittal had been filed, either by the complainant or the State-----Evidence, which had been disbelieved to the extent of one accused, could not be believed qua the other accused, unless and until there was some strong independent corroboration, but no such corroboration was available on record-----Prosecution failed to prove motive part of the occurrence against any of accused persons-----Possibility could not be ruled out that co-accused, had been implicated in the case due to mala fide on the part of the complainant and his maternal cousins/prosecution witnesses-----Evidence of "Wajtakkar", was furnished by prosecution witness, but statement of said witness, was to be kept out of consideration, being not believable, as that piece of evidence, was introduced for the first time when the private complaint was filed by the complainant after a period of more than two months of the occurrence-----Chaddar, allegedly recovered, was not blood-stained due to which the same was not sent to the office of Chemical Examiner for its analysis-----Recovery of chaddar was not only insufficient to connect accused with the alleged offence, but was inconsequential-----Prosecution…