Penal Code, 1860–Sec. 302–Arms Act,1959–Sec. 3/25–Acquittal from the offence–Witnesses who saw the appellant firing on deceased were not examined by the prosecution–No evidence is available to show that the deceased was seen with the appellant before the incident–Witnesses of extra-judicial confession are not reliable because they were mentioned in FIR, however, the fact of extra-judicial confession was not included in the FIR–Witnesses of recovery of gun are the police witnesses–Further, the recovery of gun is not established beyond the reasonable doubt–Recovered gun was not found fit for firing–Held, acquittal was justified.
