Penal Code, 1860–Secs. 302/149–Code of Criminal Procedure, 1973–Sec. 161–Conviction–Based on the testimony of sole eye witness–High Court Committed error in relying on the statements of PW 8, recorded u/s. 161–Material contradictions, omissions, and improvements in her statements–Held,
the benefit must go in favour of appellant nos. 2 to 5–Their case is distinguishable from the case of original accused no. 1–Further, they were having prior enmity with the witness–Conviction of appellant nos. 2 to 5 is liable to be quashed and set aside.
