Penal Code, 1860–Sec. 302/34–Evidence Act, 1872–Sec. 32–Conviction–Sustainability–Serious doubt as to whether the place of occurrence was visible from the place where the witnesses were standing and from where they said to have seen the occurrence of the incident–FIR does not mention the presence of PW 13–Witnesses PW 1 & PW 12 were declared hostile–No specific material piece of evidence to establish that the deceased was alive or in position to speak and make the oral dying declaration when his brother and mother reached the spot–Held, Court below ought to have extended the benefit of doubt to appellants–Conviction set aside.
