Penal Code, 1860–Secs. 302–Conviction–Sustainability–Case of direct evidence–PW 1 is telling lie–PW 2 & PW 3 claimed themselves to be the eye witnesses of the incident but they were not named in FIR–Statements of witnesses fail to inspire confidence–None of them tried to save the deceased–Variation about the place of the incident–No crush injury was found on the person of deceased whereas the allegations were levelled as regard to crushing the deceased by the vehicle–So-called neighbouring witnesses were
not produced by the prosecution–The chances of framing the accused due to prior enmity cannot be ruled out–Appellant is entitled to be acquitted.
