Penal Code, 1860–Sec. 302–Arms Act, 1959–Sec. 3/25–Conviction–Sustainability–Prosecution did not make any endeavour of getting the accused-appellant identified in the Court as one of the person who had fired the gunshot at the deceased–Evidence of prosecution was recorded in absence of accused–Even if the contradictions in evidence of prosecution witnesses are ignored, it cannot be safely concluded that the appellant was the person who fired the gun shot on deceased–Further, the prosecution concealed the nature of objections pointed out by FSL in the malkhana articles which taints the evidence of sealing of articles–FSL report cannot be read in evidence–Conviction cannot be sustained.
