Penal Code, 1860–Sec. 302/34–Conviction–Sustainability–Serious land dispute between the parties–PW 1 & 2 stated that all the accuseds came with their wives to assault at the dead night, is highly unlikely and contrary to human behaviour–Further, it is not clear as to why the PW-1 (wife of deceased) remained silent when the deceased was dragged from his house–PW-2 was also wrongly treated as eye witness–Claim of PW-4 that he went to the lands from tilling with a tractor at 1.00 P.M. in the night does not inspire confidence–Further, it was not possible for PW-7 to identify the appellant as driving the tractor in an open field in a dim and illumination from the tail light of a tractor–Witnesses do not appear to be credible–Held, conviction cannot be sustained.
