considered by the learned Sessions Judge in the proper perspective. He further contended that PWs.7,9,10,11, 12, 13, 14 and 15 are all circumstantial witnesses and out of them, PWs.9,10, 11, 12, 13, 14 and 15 have turned hostile to the case of the prosecution. He would further contend that PW.16/doctor, who has given first aid treatment to the injured Abdul Nabi/PW.6 has not supported the case of the prosecution. Further the motive is also not proved. The learned Sessions Judge proceeded to convict the accused mainly on the basis of statement of PW.6. Infact, the statement of PW.6 is nothing, but an improvement. Admittedly, the incident occurred on 28.10.2012 at about 8.30 p.m. and the complaint lodged on 29.10.2012 at 00.15 hours and the accused was arrested on 9.6.2013 i.e., more than seven months, that too after due deliberations and the accused has been falsely implicated in the homicidal death of the deceased. He would further contend that some of the witnesses were examined by the prosecution about the absence of the accused, thereby the evidence of PWs.19,20,22 and 23 and Ex.P8 to 11, 12 and 15 to 17 cannot be relied upon. The prosecution has not proved its case beyond reasonable doubt.
