Penal Code, 1860–Sec. 302/34 [Corresponding Sec. 103/3(5) of BNS, 2023]–Conviction–Sustainability–PW 1 lodged the FIR on the basis of information furnished by PW 2 & PW 4, however, both these persons denied having seen anybody in their field–They also refused to recognize PW 3–Complete story of prosecution is false–Cross-examination of PW 1 leads to a conclusion that the witnesses of recoveries i.e. PW 13 & PW 14 are the planted witnesses–Appellant B seriously disputed all the recoveries–Other witnesses of recoveries were not produced by the prosecution–Collusion between the Investigation Officer and PW 13 and PW 14 is clearly visible–Classic case of planting the evidence in the case against the accused-appellants–Conviction cannot be sustained.
