Penal Code, 1860–Secs. 302, 148, 307, 325 & 323–Conviction–Sustainable against whom ?–First informant PW 1 is not the eye-witness of the incident–His evidence is contra-dictory to the testimony of PW 2 & PW 3–As per the testimony of PW 2 and PW 3, accused S caused the head injury by Barchi–Evidence of these witnesses that M caused the Barchi blows is not reliable–There was no genuine motive for the accused-persons to have launched the assault on the complainant party–Informations given u/s. 27 cannot be relied upon as these were exhibited in a cursory manner–Therefore, recoveries lost significance–Prosecution failed to prove that the accused formed the unlawful assembly and acted in furtherance of common object–Conviction of appellant S deserves to be confirmed, however, the other appellants are entitled to be acquitted from the charge of offence.
