Penal Code, 1860–Sec. 302/34–Conviction–Sustainability–Reliability of eye witnesses–Both the alleged eye witnesses stated that the accuseds gave indiscriminate lathi blows upon the deceased–Medical report revealing that the fracture of skull and other body parts could not be result of lathi
blows–Doctor stated that the fractures could be caused by throwing the deceased in well–No blood stains or other significant marks of violence were noticed anywhere in the field where the deceased was allegedly assaulted–Witnesses also failed to identify the pin-point place of assaultPossibility that the deceased fell into well while drawing the water in the darkness–Lack of interest of all family members in making an effort to go to the well andsearch for signs of life in deceased–FIR was lodged after consultation–Version of eye witnesses is not reliable–Other accuseds have been acquitted on the same version of witnesses–Appellants are entitled to be acquitted.
