Penal Code, 1860–Secs. 302/34 & 302 [Corresponding Secs. 103/3(5) & 103 of BNS, 2023]–Conviction–Sustainability–Version of eye-witnesses–Reliability–Political factions between the parties is not disputed–Father of the deceased who lodged the complaint, turned hostile–From the testimony of eye-witness PW 12, it is clear that the incident did not take place at the place alleged in the FIR and it happened in the field of G–This is a very significant contradiction in the prosecution case–PW 12 failed to make any attempt to protect the deceased from the assault–It creates a grave doubt about his presence–Omission of his name in FIR also gains significance–He was wholly unreliable witness–PW 5 gave highly contradictory version regarding the manner of incident–Six persons named by PW 5 were acquitted by the Trial Court and their acquittal was never challenged–The site inspection plan does not record availability of any source of light at the crime scene–It is hard to believe that PW 5 and PW 12 could have identified the particular weapon being used by the accused–Prosecution failed to establish the genesis of the occurence–Appellants are entitled to get the benefit of doubt.
