Penal Code, 1860–Sec. 302–Conviction–Sustainability–Case of direct evidence–There are two sides of the story and both sides have eye-witnesses–PW 1, 2, 7 & 9 supported the case of prosecution whereas PW 3 & 11 were declared hostile–DW 3, DW 4 & PW 3 supported the case of defence–Accused was posted on government duty for protecting the railway property–Story of accused is supported by the evidence when seen with the injuries opined to be grievous in nature and sustained by the accused and the same was duly proved by the statement of doctor–Reliable and cogent evidence on record to reverse the findings of conviction–Judgment of conviction quashed and set aside.
