Penal Code, 1860–Secs. 302/149, 326/149, 323/149, 341, 147 & 148–Conviction–Sustainability of–Recovery of a weapon after twenty months from the house of joint possession of accused V & his father–No material available on record to establish the fact that accused were the members of unlawful assembly–Prosecution failed to establish the true genesis of the case and motive
of the incident–If the appellants were having the intention to the murder of deceased A than they would have attacked directly on him–Prosecution changed the place of the incident during the trial–Held, appellants are entitled to be acquitted.
