Penal Code, 1860–Sec. 302–Conviction–Sustainability–Cause of death was pressing of neck with lathis–Three witnesses claimed to be present at the spot–If the appellant was alone, why they remained only bye-standers where as they were closed relatives of deceased–PW 3 stated that there were three assailant–If his version is accepted than it is not clear that the appellant was the person who pressed the neck of deceased–Allegations levelled were found omnibus and without common intention–Held, appellant is entitled for getting the benefit of doubt.
