Penal Code, 1860–Secs. 302 & 302/34–Arms Act, 1959–Secs. 3/25 & 5/27–Eye witnesses of incident stated that gun shots were fired from a distance of about 800 feet–Undisputed fact that the entry wound on the chest of deceased was blackening–Gun shots must have been fired from a range of 10 feet–Entry and exit wounds both were elliptical in shape–Trajectory of the wound inside the body of the deceased was angled downwards–It leads to an only inference that the assailants must have been standing at an atitude so compared to the deceased–Impact of the bullet was very forceful–Version of eye witnesses is totally belied and contradicted from the medical evidence–All the eye-witnesses were interested witnesses and they had a motive to falsely implicate the appellants because the relations between the parties were strained due to a land dispute–Held, the prosecution failed to bring home the charge against appellants–Conviction deserves to be set aside.
