Sections 2302 (b) and 8458 of the evidence were appreciated in the dark hours of the night, no specifications or details of the accused were provided in the FIR, the accused was arrested almost years and years and months later. Unusual and suspicious of his presence at the time of his presence, Danda was not credible in retrieving the accused after three years unless the identity of the accused in the parade held 2 years and 9 months after the incident. Identification was not possible unless the accused was already shown to witnesses. No motive for commissioning of murder by the accused was brought on record. The accused was acquitted in the circumstances.
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