Penal Code, 1860–Secs. 302/149 & 325/149–Conviction–Sustainable against whom–Case of direct evidence–PW 1 & PW 8 tried to implicate all the nine accused by making omnibus statements–They did not disclose the names of present appellants in the statements recorded by Executive Magistrate–Serious doubt as regard to the fact that both of them had seen the actual assault–Serious discrepancy about the weapons of assault–High Court has acquitted four accused–Neither the State nor the victims of offence have challenged their acquittal–No reason for the High Court for treating the appellants differently from the acquitted accused–Accused who allegedly assaulted the witnesses, has been acquitted–Held, conviction of appellants cannot be sustained.
