Code of Criminal Procedure, 1973–Sec. 319–Order of allowing the application–Sustainability–In the earlier round, the High Court has found that the evidence of PW 1 is not sufficient to confirm the order passed u/s. 319–She did not disclose before the police about the incident even she was in hospital for the entire night and a police post was there–PW 5 admitted in cross-examination that he is not an eyewitness–PW 6 claims to have seen the incident from some distance–He also did not report the police though the deceased was related to him–His evidence was not sufficient to meet the standards of a prima facie case–Held, impugned order is liable to be set aside.
