Penal Code, 1860–Sec. 395–Conviction–Sustainability–Two sets of evidence in regard to the number of offenders–As per the testimony of PW-1, three or four persons were involved in offence whereas PW 2 stated that there were eleven persons but only three or four came to assail–PW 1 described the assailants in his parcha bayan–He was not declared hostile by the prosecution –Held, trial Court should admit his testimony–Ingredients of offence u/s. 395 not completed–FIR was regd. for the offence u/s. 382–Identification parade lost its significance–Identification of letter pad is also doubtful–Held, conviction is not sustainable and set aside.
