Penal Code, 1860–Secs. 304 Pt. I/34–Applicability of Sec. 34–Many improbabilities in the testimony of PW 13–Trial Court discarded the earlier statement of PW 10–Exaggerations in the testimony of PW 6–A 1 was having a gun and A2 was stated to have taken the gun–Courts below disbelieved the evidence of PW 6 as regard to the applicability of Sec. 34–More care was required to be taken before convicting A3 & A4 under Sec. 34–Evidence available is not sufficient enough to hold that Sec. 34 is attracted as against A3 & A4–Further, except the statement of PW 13, no other material is found to
implicate them–Prosecution failed to prove the case beyond reasonable doubt against A3 & A4–Their conviction deserves to be set aside.
