Penal Code, 1860–Secs. 302 & 307–Arms Act, 1959–Sec. 3/25–Conviction–sustain-ability–Testimony of star witness H cannot be relied on in view of facts that the accused was not named in FIR, he was in police custody at the time of recording the written report and there was delay in reaching the special report–Identification proceedings has no significance as the accuseds were shown to the witnesses in the police station–Prosecution failed to substantiate the fact that appellant fired shot at behast of accused A–Accused A has already been acquitted–No evidence of criminal conspiracy–Held, appellant is entitled to be acquitted.


