Penal Code, 1860–Secs. 302 & 302/34–Conviction–Sustainable against whom–Appellant V was falsely implicated at a much later stage after the FIR had been lodged–No reason for eye witnesses for not naming him in FIR–Held, non-inclusion of his name is fatal for prosecution upto this effect–His conviction cannot be sustained–Other appellants were rightly convicted by trial Court.
