Penal Code, 1860–Sec. 302/34–Conviction–Establishment–Appellant was alleged to have assaulted the deceased with a lathi–Medical evidence revealing that the death was caused due to incised injuries which could have been caused by the axe and sickle carried by other two accuseds–Two laceration
injuries might be caused as the result of falling on the ground–Strong suspicion about the active participation of appellant–After excluding the improvements of witnesses, involvement of appellant is not established–Neither any specific motive of appellant nor he was having any rivalry with the deceased or friendship with other accuseds–Held, evidence against the appellant is shaky and insufficient–He is entitled to be acquitted.
