respondents herein are not entitled to any benefit as PW-5 and PW-9 proved the fact that accused/the respondents herein had caused murder of Naseem Khan using sickle, danda affixed with farsa, and axe. However, the High Court held the evidence of 10 AIR 1982 SC 1022 Page 16 of 21 Criminal Appeal No. 2129 of 2014PW-17 as unreliable. The High Court found that though PW-17 was declared hostile prior to such declaration he deposed that the accused Ramjan/the first respondent herein had thrown the deceased on a stone boulder. He had not deposed anything against the other accused / the other respondents herein. The High Court found his testimony unreliable as according to him the first respondent Ramjan threw the deceased on a stone boulder which caused head injuries, but that is not the case of the prosecution at all and that apart he had stated so, for the first time only in the Court. In that regard he was confronted with his previous statement - Ext.P22. Besides the same, there is