Penal Code, 1860–Secs. 302/120-B & 307–Conviction–Sustainability–Circumstantial evidence–Meatings were allegedly held for committing the murder of deceased but the presence of the appellant in them, not proved High Court committed gross error in relying on the statements of PW 3– Statements of P.W. 1 cannot be held as dying declaration because he survived after recording the statements–Extra-judicial confession of A-1 was also not found corroborated with other evidence– Statements of A-1 were insufficient to implicate the appellant in conspiracy because they were hit by– Sec. 10 of–Evidence Act–Held, a conviction of the appellant is not sustainable and set aside.
