Penal Code, 1860–Secs. 304 Pt. II, 147 & 149–Conviction–Sustainability–FIR was lodged by the son of deceased–Names of accused and his father were not shown in it–PW 1 & 4 turned hostile, and PW 5 stated that he had left the place of occurrence–Prior enmity between the parties–Both the appellants sustained the gun shot wounds which were not explained by the prosecution–Appellant ‘DA’ was not in position to move–Therefore, the fact that he caused the injuries to the deceased is doubtful–Prosecution concealed the genesis of the crime–Appellants are entitled to be acquitted.
