Penal Code, 1860–Secs. 458, 459, 394/34, 397/34, 323/34 & 325/34–Conviction–Sus-tainability–Testimony of PW 1 is convincing to the extent of involvement of three accused–It is not explained that as to why the witnesses PW 3, 4 & 5 would be loitering around in the odd hours of night–Investigation Officer seems to have involved these witnesses to somehow or the other to implicate the appellant ‘M’–He also did not collect the satisfactory evidence to show that the alleged house from the recovery was made, was of appellant M–Held, appellant’s conviction is liable to be quashed and set aside.
