Penal Code, 1860–Secs. 302/34–Conviction–Case of direct evidence–Reliability–Version of the prosecution that PW 5 & PW 1 had reached the roof of house from where they saw the accused O firing at deceased, is a sheer piece of concoction and unacceptable on the face of record–House of accused O was not visible from the courtyard of PW 5–Both the witnesses neither made an attempt to save the deceased from the assailants nor raised a hue and cry so that the neighbouring people could be sounded about the place of incident–Trial Court has declined to accept to the participation of accused D & S–PW 5 & PW 1 were the closest relatives of the victim–Their conduct does not match with the reaction expected from them–Prosecution tried to project PW 2 as an eyewitness of incident–Conviction of appellant is on the basis of flimsy and wavering evidence–Set aside.
