Penal Code, 1860–Sec. 302–Conviction–Reliability of eye-witnesses–Four persons were in the company of deceased in the cinema–Only two were examined and they did not support the prosecution case and were declared hostile–Therefore, there is no independent corrboration to the testimony of PW 5, who is the real brother of deceased–PW 5 stated that he alongwith the deceased was sitting in the first row and accused was sitting in the next row in front of the chairs occupied by him and the deceased–Whereas the version of Investigation Officer and Manager of Cinema that the deceased was lying in between the seats of the first and second row–It is highly improbable that PW 5 who was sitting on the seat adjacent to the one occupied by the deceased, would have failed to notice the commotion preceding the assault–He did not make any attempt to take the deceased to hospital so as to save his life–He tried to improve his version and stated that he saw the accused while he was fleeing away–Evidence of PW 8 in regard to extra-judicial confession is contradicted by the evidence of DW-1–Witnesses are wholly unreliable–Conviction cannot be sustained.
