Penal Code, 1860–Sec. 302/149–Conviction–Sustainability–Two eye witnesses were belonging to a place which is at a distance of 150 kms.–Delay of three days in recording their statements–No explanation–Further, their version was not found corroborated with any of the other witnesses–View of High Court that presence of PW 25 was established as his car was used to take the deceased to hospital–However, nothing on record to show that his car was used to take the deceased to hospital–Fact that they were unnoticed by any other person, is highly unbelievable and unreal–Further, the fact they did not render any help for shifting the deceased in hospital and also not informed to police for fear is not acceptable as PW 25 admitted that he is history-sheeter and two cases of NDPS were imposed on him and he was also bound down u/s. 110 CrPC–Held, a conviction could not be recorded on the ground of testimony of these witnesses.
