The Code of Criminal Procedure, 1973  - Section 378

Order of Acquittal - Interference - Only on the basis of appreciation of evidence - Appellant a acquittal set aside - Held, merely recording that judgment of Trial Court was perverse - Without dealing with facets of perversity relating to issue of law and/or appreciation of evidence - Illegal.

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The Indian Evidence Act, 1872  - Section 3

Eye-witness - Evidence - Whether a Police Officer can be a sole witness? - As per the rule a Police Officer can or cannot be sole eye-witness in criminal case - Statement of Police Officer as witness can be relied upon and even form basis of conviction when it is reliable, trustworthy cogent and duly corroborated by other witness and admissible evidences.

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The Indian Evidence Act, 1872  - Section 154

Hostile witness - Evidence - Court has to act with greater caution and accept such evidence with greater degree of care in order to ensure that justice alone is done - The part of the statement of such hostile witnesses that supperts the case of the prosecution can always be taken into consideration.

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Indian Penal Code,1860  - Section 302

Murder - Evidence - Plaintiff witness, Police Officer stated to have seen three accused chasing and inflicting 10 knife injuries upon the deceased - No corroboration of Testimony of eye-witness by other evidence including medical evidence - Doctor who performed post-mortem not produced before Court - No examination of head constable who took deceased to Hospital - No person from FSL examined - Therefore Adverse inference can be drawn for not examining material witnesses - Recovery of weapon not made in conformity with provisions of law - Eye-witness did not try to trace accused with help of Constable/Head Constable who reached spot immediately - Evidence of eye-witness, not trustworthy - Setting aside acquittal of accused by High Court on presumption that "accused must have stabbed deceased" and there was possibility of another view" - Not sustainable - The prosecution must prove its case beyond any reasonable doubt - Burden is not upon the accused.

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The Indian Evidence Act, 1872  - Section 27

Recovery of weapon - If statement of witness, Police Officer is not reliable and not aspiring confidence - Then accused would be entitled to benefit of doubt.

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