Penal Code, 1860–Secs. 302/149 & 148–Conviction–Sustainability–Variation in the events as disclosed in FIR and the statements make by two witnesses u/s. 161–Contention that PW. 3 could not reached to police station for lack of transport, is not acceptable–Conduct of remaining silent just after the incident without taking any step to come to aid the deceased-brother, appears highly abnormal and unnatural–Conduct of PW 3 and PW 8 is found highly abnormal and unnatural–Their testimony has to be discarded–Conviction set aside.
