Penal Code, 1860–Secs. 302/149 & 148–Conviction–Sustainability–Prosecution case based on sole eye witness PW 19–His conduct was found unnatural and his testimony was found contradictory to the testimony of PW 4 (father of deceased)–His statements were recorded after 3 1/2 months–Why he did not report the incident to police and why PW-14 did not tell the names of accused to police–These facts are not worth of sterling–Recovery of the
weapon also not proved beyond doubt–Held, conviction is not sustainable and set aside.
