Penal Code, 1860–Secs. 302/34 & 436/34–Conviction–Sustainability–Reliability of eye witnesses–Medical evidence revealing that the cause of death was ante mortem burn–No mark of bound by wire was found on the body of deceased–Investigation Officer also admitted that neither any marks of binding by wire were visible nor he removed any wire from the body of deceased–Written report submitted by witness H is found falsified–His testimony is also falsified–Furthermore, time of incident portrayed in the FIR also appears to be incorrect–H was highly interested in increasing the number of
eye-witnesses so as to substantiate his story–None of eye witnesses stated that the appellants were armed, therefore, utter failure of these witnesses in making any attempt of saving the victim from the clutches of the accused, brings their testimony under a grave clouds of doubt–Appellants are entitled
to be acquitted.
