Penal Code, 1860–Secs. 399 & 402–Conviction–Justification–Incident of daylight–No independent witness of recovery and arrest–It is unnatural for six accused who were armed with deadly weapons neither offered any resistance nor caused any injury to any of police personal–Shirts worn by them
like to uniform also create doubt–Further, it cannot be believed that no one tried to run away, when they must have easily noticed from a considerable distance that some policemen are coming towards them–Held, proseuction case did not prove the case beyond the reasonable doubt.


