Penal Code, 1860–Sec. 302–Conviction–Sustainability–Delay in lodging and forwarding the FIR–Averments made in FIR does not match with the postmortem report–Eye witnesses were not named in FIR–PW 2, 4 , 6 & 19 were relatives of complainant and they were interested–PW 7 and 8 did not
support the case of prosecution–Recovery of axe from open place–No independent witness of recovery–Held, story of prosecution is doubtful and appellant is entitled to be acquitted.
