Penal Code, 1860–Secs. 304 Pt. I, 34 & 323–Conviction–Sustainability–Record of case revealing that the report of offence u/s. 307 was lodged by the accused M against the deceased and both were inimical to each other–Prosecution concealed the relevant material facts as regard to motive–PW 10 gave the fictitious story of the purpose for which he and deceased went to the place of incident–Deceased went to the place of incident in order to influence the witnesses who were supposed to give the evidence in favour of accused M–In this process, a fight must have broken out in which the accused M inflicted the injuries to deceased, which proved fatal–Conviction of appellant C cannot be sustained.
