Law:

Section:

(a) Penal Code (XLV of 1860)- -- Ss. 302 & 34-[Murder-case]-Appreciation of evidence-All prosecution eye-witnesses closely related inter se as also with deceased No crime empty recovered from spot Nothing on record showing any connection of recovered guns with crime-Dangs recovered from some accused not blood-stained and not showing to be connected with crime-Police reaching spot half an hour earlier than recording of F. I. R.-Medical evidence revealing injury having been caused from very close range but eye-witnesses' account running counter to it-One of accused pleading alibi, such alibi satisfactorily proved and even accepted by trial Judge-Such accused, held, entitled to clean and honourable acquittal, as being falsely roped in, and not merely to benefit of doubt and his co-accused entitled to rely on fact of having been found to be falsely implicated by same eye-witnesses who deposed against them-Acquittal of one accused being clean and absolute and not on account of benefit of doubt, remaining accused, held further, could not be convicted on testimony of same eye-witnesses who falsely implicated him without independent and strong corroboratory evidence-Recovered weapons being not connected with crime; so called recovery of such weapons from accused nothing more than completion of formality by Police, medical evidence and recovery of blood stained earth also of no help to prosecution fitting as it did with parallel defence version-Medical testimony tending to support defence version with regard; to firing range - Prosecution withholding important eye-witnesses and although number of persons assembled and some of them independent as well yet none of such witnesses produced-Prosecution witnesses' statements discrepant in several respects-Defence version not suffering from any infirmity on account of spot analysis-Other accused not of same caste as others and no binding factor between them-One accused having been falsely implicated and case against other accused being not established beyond any reasonable doubt, all accused held entitled to acquittal.[Evidence]. (b) Evidence Act (I of 1872)- -- S. 11-Alibi-Evidence-Accused an Army employee…