Indian Penal Code, 1860
Section 302—Murder—Circumstantial evidence—Prosecution has not been able to fully establish the circumstances which are fully consistent with the guilt of the accused and inconsistent with his innocence—Serious gaping holes in the story of prosecution—There are material discrepancies which go to the root of the case—Circumstances relied upon by the prosecution do not fully establish the involvement of appellant—Appellant is entitled to benefit of doubt—Acquitted.
[Paras 23 & 24]
Decision : Appeal allowed