Penal Code, 1860–Secs. 302/34 & 307/34–Arms Act, 1959–Sec. 3/25–Conviction–Sustainable against whom ?–As per the evidence of prosecution, it was established that S opened the fire–Firearm was recovered at his instance and bullets recovered were fired by this firearm–However, PW 1 did not give any description about the persons who were riding on the motorcycle with him–No identification parade was held–Presence of PW 3 at the place of incident is not established–His statements u/s. 161 were recorded after two days–Held, the conviction of appellants K & F cannot be sustained.
