Penal Code, 1860–Secs. 392 r/w. 397 [Corresponding Sec. 309(4)/311 of BNS, 2023]–Conviction–Sustainability–FIR was lodged against unknown persons–Arrest to accused-persons in the manner alleged by the prosecution is highly doubtful and unworthy of acceptance–Further, the alleged recovery of screwdriver, knives and country-made pistol made at the time of arrest is rendered unacceptable due to manner of arrest–Three eye-witnesses stated in their Court identification that the accused persons were not the ones who committed the crime–Forth witness stated that it was too dark, therefore, he could not recognize–Reliance cannot be placed on the evidence of remaining three witnesses who identified the accused–Absence of corroborative evidence of recovery of looted articles–Held, appellants ought to be given the benefit of doubt–Conviction set aside.
