Penal Code, 1860–Secs. 304 & 286–Conviction–Sustainability–Allegation up to the effect that the appellant trades refilled the gas cylinder without proper implementations–So the mishap was occurred and four persons died in occurrence–Case of leakage of gas–Gas cylinder was seized from the site, but same was not examined scientifically–Assumption of trial Court that the burner was not properly fixed–Neither any evidence nor any statement to prove this fact–Further, no charge was framed for taking the licence for dealing with gas cylinder–Admitted fact that the cylinder was refilled for two times on earlier occasions–Further, it is also surprising that how the gas had leaked for 45 minutes in the house, where so many inmates were present–It is a common knowledge that the LPG gives a very foul smell–Further more, the Sec. 286 is not applicable in the instant case–Held, conviction is based on assumptions and deserves to be set aside.
