Law:

Section: 302,109,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 109 & 34--Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged for the murder of brother of complainant---Ocular account was furnished by the witnesses including complainant---FIR showed that murder was committed by two persons; out of these two persons, one was nominated whereas the other assailant was shown as unknown---No description of the unknown person was mentioned in FIR---Accused/appellant was subsequently implicated in the case in place of unknown person through supplementary statements of complainant and witnesses---Record showed that before moving application for the registration of case, it was within the knowledge of complainant that unknown person was none other than the appellant, however, neither in the FIR nor in the inquest report, the name of appellant was mentioned---Appellant was subjected to identification test, two witnesses, though, according to their claim had nominated accused-appellant in their statement recorded under S. 161, Cr.P.C., however, both of them were made to join the identification proceedings---Prosecution had failed to offer any plausible explanation as to why the identification test was conducted through the said two witnesses---No reliance could be placed on the claim of said witnesses---Accused remained absconded; warrants and proclamation were brought on record through official witness, testimony of which failed to satisfactorily prove the service of warrants and proclamation---Circumstances established that there were many doubts in the prosecution evidence about the involvement of the accused in the commission of offence, benefit of which would resolve in favour of accused---Accused was acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Police Rules, 1934--- ----Ch. 25, R.35---Inquest report---Scope---Inquest Report was a part of method/system to keep a check on subsequent fabrication of record and was to be prepared by the police official, who paid a visit to the crime scene for the purpose of investigation, on the day of occurrence---Inquest report was prepared…

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