Indian Penal Code, 1860 (45 of 1860), Section 302 – Acquittal  – Complainant / Father was  the sole eyewitness – He had neither seen anyone killing his son nor he had deposed that he had seen anyone burning the victim  – Therefore, he is not actually an eyewitness either to the killing or to the burning of the deceased,  though he may be an eyewitness to the incident which took place prior wherein a car had chased their motorcycle, pushed them towards the roadside making them fall in the bushes, thereupon assaulting the deceased and then taking him away in an injured position in the car – He has not deposed anything as to why he had not tried to intervene and save his son  – He himself had not received any injuries –  The statement that he could not do so on account of the threats extended by the accused persons appears to be a bald statement as no one in a situation where his son is being assaulted and carried away would remain a mere spectator – In the FIR it was stated that the accused assaulted his son with a knife and iron rod, and there was no mention about the use of a pistol by the accused –  However, the police have recovered empty cartridge –  Cause of death as per postmortem is also firing from close range – Very presence of the  complainant appears to be doubtful – Acquitted.