Law:

Section:

Penal Code (XLV of 1860)--- S. 302/201/34-[Murder-Case]-Appreciation of evidence-Appeal (criminal)---First Information Report though riot substantive evidence yet lower Appellate Court relying upon version about motive contained in such report as substantive evidence-Finding of lower Appellate Court even otherwise based on misreading of First Information Report-Delay in making F. I. R. justified on no evident but on conjectures-Explanation for delay wholly untenable-Prosecution eye-witnesses (mailer of F. I. R. and his servant) having no plausible reason for their presence in vicinity during night at time of occurrence-Witnesses allegedly sleeping at a distance of 220 yards not possible to be awakened by call for help made by deceased-Version of occurrence contained in F. I. R. and that given by maker, of report at trial contradictory and inconsistent with each other in material particulars-One of deceased stated to have been attacked while standing but medical evidence showing deceased having been attacked while lying and facing towards sty-Witness modifying his statement to reconcile it with medical evidence showing no, dragging of dead bodies as alleged by prosecution-Discrepancies in statements of prosecution witnesses material and irreconcilable Party factions in villages complainant's relatives, arrayed on one side and party of accused on other-Other prosecution witnesses making contradictory statements and no plausible reason for their presence-First Information Report curiously lodged after deliberations between prosecution witnesses without even informing relatives of deceased about occurrence and taking them into confidence - Principal accused allegedly villain, for whose sake ghastly murders committed, assigned comparatively less atrocious part in whole drama, found empty handed, and no recoveries made from him of any blood-stained article or clothes Other accused no: proved to have any connection with land in dispute or with his co-accused and implicated for having been last seen with deceased without any corroborative circumstances being disclosed Supreme Court, held, though does not ordinarily interfere with finding of fact recorded by a High…

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