Penal Code, 1860–Secs. 302 & 201–Conviction–Sustainability–Case of the prosecution that the appellant killed the victim with a sickle by giving the blows on his neck and fled away with A1 & A3–A1 & A3 have been acquitted–No material on record to show that the appellant was hired by A1 & A3–Further, no material is also available that the appellant murdered the deceased with the alleged weapon–Version of PW 1 with regard to identification of accused is found belied through the testimony of Investigation Officer–Theory of conspiracy was disbelieved by the High Court–No reason for convicting the appellant when the principal conspirators have been acquitted –Appellant deserves to be acquitted.
