Indian Penal Code, 1860
Section 308—Attempt to commit culpable homicide—Proof—Blood stained clothes of complainant were not sent to FSL for forensic examination so as to confirm that the said blood was of the complainant—Alleged weapon of offence could not found or seized so as to advance the case of prosecution—Though several public witnesses were present on the spot of incident, including the daughter of complainant, who had witnessed the incident, their statements could not be recorded—Version of complainant also finds no support, rather has been contradicted on several points, by the prosecution witnesses themselves—In light of such facts and circumstances, the sole testimony of complainant, in absence of corroboration from other witnesses and material on record, cannot be relied upon to convict the appellant, more so, when the sane has not been relied upon to convict the other accused persons, who were acquitted vide the same impugned judgment by the trial court—Evidence on record is insufficient and inconsistent to establish guilt of appellant beyond reasonable doubt—Appellant acquitted of offences of which he has been charged and convicted—Appeal allowed.
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