Penal Code, 1860–Secs. 396/149, 395/149, 307/149, 435/149 & 201–Conviction–Sustainability–Accused no. 1, 5 & 13 have been acquitted by this Court–Evidence of PW 2 is not wholly reliable–Appellant was not known to him and identification was made first time before the Court after the lapse of two years–No time was available for PW 2 to note the distinctive features of the appellant–No corroboration to the version of PW 2 either by direct or circumstantial evidence–Evidence of PW 25 and 26 has been discarded by the Co-ordinate Bench of this Court–When there is similar or identical evidence of eye-witnesses against two accused by ascribing them the same or similar role, the Court cannot convict one accused and acquit the other–Conviction of appellant as well as the accused nos. 3 & 4 is liable to be set aside.
