Indian Penal Code, 1860
Section 302—Murder—Conviction based on the statement of the brother of the deceased who claims to be an eye-witness—Appeal—Case of prosecution is that firearm injuries caused the death of the deceased—Allegation against appellant that he was carrying a knife in his hand, and he assaulted the deceased after the bullets injuries were fired on the deceased by the other two accused—Charge under Section 34 of IPC has not been framed against appellant—Serious doubt as to whether the said prosecution witness had seen the incident of assault by the accused—No other eye-witnesses was examined—Conviction of appellant cannot be sustained and he is acquitted of the charges framed against him—Appeal allowed.
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