Presence of both these witnesses at scene of incident was not doubted Chain of events was enough to establish beyond

doubt identity of
assailant

Someone else within his house because it is improbable that witnesses could have
noticed the incident in this dark at such a distance and therefore the learned trial
Judge rightly came to the conclusion that no reliance can be placed upon eyewitnesses.

It is submitted that though upon the crime weapon and the clothes of the accused
blood group of the deceased is noticed, but facts cannot be ignored that the blood
group of the accused could not be ascertained by the prosecution especially when
he had received injuries and therefore the said evidence was rightly not believed by
the trial Court. It is submitted that the discovery of weapon evidence is not as per
the law and statement of the accused before the Panchas could not be proved by
the prosecution to the precision and therefore discovery is of no use to the
prosecution. According to learned Advocate that those are the drawbacks loop-holes
in the prosecution case serious in nature and on account of such lapses on the part
of the prosecution to adduce concrete and reliable evidence, learned Judge
acquitted the accused. It is submitted that therefore it is obvious that prosecution
could not prove the case against the accused beyond doubt and the accused was
entitled to acquittal. It is submitted that there is no reason to take second view
than taken by learned trial Judge in this appeal against the acquittal and hence the
present appeal is required to be dismissed.

It is submitted that though upon the crime weapon and the clothes of the accused
blood group of the deceased is noticed, but facts cannot be ignored that the blood
group of the accused could not be ascertained by the prosecution especially when
he had received injuries and therefore the said evidence was rightly not believed by
the trial Court. It is submitted that the discovery of weapon evidence is not as per
the law and statement of the accused before the Panchas could not be proved by
the prosecution to the precision and therefore discovery is of no use to the
prosecution. According to learned Advocate that those are the drawbacks loop-holes
in the prosecution case serious in nature and on account of such lapses on the part
of the prosecution to adduce concrete and reliable evidence, learned Judge
acquitted the accused. It is submitted that therefore it is obvious that prosecution
could not prove the case against the accused beyond doubt and the accused was
entitled to acquittal. It is submitted that there is no reason to take second view

than taken by learned trial Judge in this appeal against the acquittal and hence the
present appeal is required to be dismissed.