Indian Penal Code,1860  - Section 302 , Section 109

Evidence pertaining to the commission of offence involving large number of offenders and large number of victims, it is usual to adopt a test that the conviction could be sustained only it is supported by two or three or more witnesses who give a consistent account of the incident - Held - In this case, ten out of the fourteen witnesses who were accompanying the procession and were near the place of occurrence have given a consistent version that A-1 exhorted Bhutkun Shukla to shoot at the deceased - Many witness have consistently deposed that A-1 exhorted Bhutkun Shukla to shoot at the deceased - The remaining four witnesses may be at the place of occurrence but for some reason or the other may not have heard the exhortation by A-1 to Bhutkan to shoot at the deceased - Hence, just because four of the fourteen witnesses have not deposed regarding the fact of exhortation by A-1, we cannot hold that the ten witnesses have falsely deposed that A-1 had exhorted Bhutkun to shoot at the deceased.

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