Penal Code, 1860–Secs. 302 & 109 [Corresponding Secs. 103 & 49 of BNS, 2023]–Conviction–Sustainability–FIR does not name any culprit or perpetrator–Witnesses stated that the bullets were fired from a close range after the co-accused P had climbed onto the terrace to commit the offence, however, the postmortem report and deposition of Doctor reveal that the bullet was not fired from close–FSL report is not supporting the case of prosecution–Deficiencies and discrepancies in the case of prosecution–Appellant deserves to be acquitted.
