Section 302 (b) the complainant who reviewed the evidence was not an eyewitness to the incident. Eyewitnesses were rightly denied by the High Court. The question was whether he had taken the cross-examination defense. , In which the accused had abandoned her? The statement listed under Section 2342, CRPC, could be the basis for conviction, any stand taken by the accused in the cross examination was merely in the form of a suggestion even as the defense raised by the accused. Will not improve the prosecution's case, which will stick to it. If the accused himself had taken such a defense in his statement under Section 342, CRPC, the accused would have examined the two defense witnesses who were abducting him and his accomplice, but they were not the accused. And the clash between the deceased did not reveal anything, with the knife and injuries to the deceased, two interpretations of the evidence are possible. It will be decided to support one of the accused, taken by the accused in cross examination. The position did not indicate that he had shown the deceased in cross-examination because of his injuries. In his statement under Section 2342, the accused was presented. The RPC helps him explain the situation, especially when it was abandoned by him, and therefore, could not be used against him, the charges were dismissed in the circumstances. Was.