Penal Code, 1860–Secs. 302, 341, 148 & 149–Conviction–Sustainability–Sole eye witness PW 2 named 9 persons in his statements u/s. 161 and alleged that all they rained indiscriminate blows on the person of deceased–However, he improved his version before the Court and named 11 persons as the assailants–Serious discrepancies and contradictions in his testimony–Claim of prosecution that the witnesses, PW 5, PW 3, PW 4 and PW 2 saw the incident, is found falsified in view of statements of investigation officer–Prosecution failed to establish the motive alleged by it–Case of appellant is similar to acquitted accuseds–Held, he is entitled to get the benefit of doubt.


