Law:

Section:

Penal Code (XLV of 1860)-----S. 302/34--Appreciation of evidence--Testimony of eye-witnesses-­Evidence of recovery--Motive--Eye-witnesses two in number, out of them one was not injured although he claimed that he was present when his sons were attacked--No recovery was admittedly effected at the instance of one accused though a blood-stained spear was allegedly recovered at the instance of other accused--Such recovery was affected seven days after arrest of accused when admittedly Investigating Officer was already present in village for purpose of investigation for past two or three days but had apparently not searched for spear during those days although there was no difficulty in its search, place of recovery being easily accessible--No good reason having been shown as to its non-recovery during all this time, evidence of recovery was doubtful and could not be relied upon--Motive for attack was attributed to suspicion entertained by complainant party with regard to theft of their mustard crop at hands of accused party some three months prior to occurrence--No previous enmity existed between parties--No enmity existed with one of the two accused who was stated only to be a friend of one accused--Manner described by prosecution in which two deceased persons suffered injuries and death also found to be open to doubt-­Suggestion was made during cross-examination of eye-witnesses that before present occurrence, there had been an earlier occurrence in which prosecution witness was injured--Possibility of murder being a blind one also present--Real story found to be different from one laid before Court by prosecution while true facts were suppressed--Case of prosecution both against accused persons and as against acquitted accused found to be not fundamentally different and there was no sound reason for convicting them while acquitting others--Prosecution story given at trial was therefore, found to be untrue and was not believed by High Court--Supreme Court holding approach of High Court to case to be fair and proper and- conclusion based on a correct appraisal of evidence, refused to interfere in of acquittal of both accused by High Court in circumstances. Maqbul…

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