Penal Code, 1860–Secs. 302, 302/34 & 341–Conviction–Sustainable against whom–All the witnesses consistently stated that ‘S’ fired the gun-shot from a country made pistol–In the medical evidence, no blackening marks were found on the body of deceased–Therefore, it can be presumed that the gunshot must have been fired from a distance of more than four feet–Allegation that the appellant M & H caught hold the deceased, cannot be believed because the deceased was a young healthy man, and he would not stay
stationary if he had been caught and would definitely try to struggle and in this process, despite two accused persons having caught hold him, the main accused S could not have been assured that the shot fired by him would not hit his own companions–Conviction of M & H is liable to be set aside.
