Penal Code, 1860–Sec. 307–Arms Act, 1959–Secs. 25 & 27–Code of Criminal Procedure, 1973–Sec. 313–Conviction–Sustainability–Prosecution failed to connect the recovered weapon with the incident–No linking factor between the recovered motor-cycle and alleged incident–Accused-appellant claimed that he was falsely implicated due to animosity pertaining to elections–He produced two defence witnesses to corroborate his version–Court
below failed to appreciate the defence version put forth u/s. 313–Held, conviction of appellant deserves to be set aside.
