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Head Note

Indian Penal Code,1860  - Section 304

Section 304 Part II - Appeal against Conviction - Appreciation of Evidence - Judgment order of acquittal passed by the trial Court reversed by the High Court - Conduct of the prosecution witnesses does not inspire confidence not only because they did not intervene when 'B' was being assaulted but also because post the event, the witnesses did practically nothing to help the unfortunate soul, who was left to die with his hands tied for over 4 hours without any succor coming from any quarter - The fact of the matter appears to be that 'B' was dead when his brother, mother and father who are PWs discovered the body, for otherwise there was no question of the parents of the deceased and his brother leaving him alone in the condition, which they are alleged to have done - Conclusion drawn by the Trial Court that the prosecution had not proved the charges against the appellants beyond reasonable doubt held to be correct - High Court has overlooked all these aspects - Impugned order passed by the High Court liable to be set aside and the appellants acquitted of the charges framed against them.

Topic(s)-Culpable Homicide - Conviction set aside - Acquittal