Penal Code, 1860–Sec. 302–Conviction–Sustainability–Six accused–Out of the four were acquitted and one died–Incident occurred between 9.15 to 9.30 PM and there was dark–Prosecution could not have abled to show that there was sufficient light to see the assailant–PW 1 was at a distance when the incident occurred–He alleged only appellant in FIR but improved his statement and impleaded five more persons–Medical evidence revealing that the injuries were not caused by a knife, whereas he stated that the appellant attackted with a knife–Held, allegations are not inspired with confidence–Guilt of appellant not proved beyond doubt–Conviction set aside.
