Penal Code, 1860–Secs. 302/34, 307/34 & 323/34–Conviction–Sustainability–Prosecution failed to establish the presence of accused N at the spot of incident–Though he was unknown for the witnesses , yet, no identification parade was conducted–No evidence on record to show that he shared common intention for committing the offence–Though prosecution took plea that he did not stopped the accused R from committing offence, however, this plea is not relevant as his presence could not be proved–Held, he is entitled to be acquitted.
