Penal Code, 1860–Secs. 302/34. 325/34, 323/34 & 447 [Corresponding Secs. 103/3(5), 117(2)/3(5), 115(2)/3(5) & 329(3)–Conviction–Sustainability–Case of direct evidence–Material contradictions in the statements of eye-witnesses–These eye-witnesses stated that only four persons were responsible for the incident–Presence of 10-15 persons was rejected by the Trial Court–In the FIR, there is no attribution of any injury to any particular person–Prosecution failed to recover the dhariya–Samples were not sent in a proper manner to enable any conclusive FSL report–Recovered lathis were not having blood stains–Trial Court found the absence of motive–Appellants were convicted only on the ground that the witnesses were injured and their presence was natural–Held, conviction of appellants cannot be sustained.
