Penal Code, 1860–Secs. 302/149, 307/149, 323 & 147–Acquittal from the offence–Star witness PW 1 neither mentioned the presence of other witnesses in FIR nor stated about their presence in the statements recorded before the Court–Fact that the eye-witnesses sustained the injuries in the the incident is doubtful–Further, his statement that the accused fled away from the spot is not found corroborated with other witnesses–Contradiction in regard to having the weapon in the hands of accused–Prosecution failed to produce the witness B who was living nearby the place of incident–This witness was produced in defence and he stated that the gunshot was fired by PW 1 and his statement is found corroborated–No sign of gunshot was found at the spot alleged by the prosecution–Motive is also not established–Neither the gun was recovered nor it was sent for examination–No blood stain was found on the recovered lathis–Prosecution failed to establish the case–Held, the acquittal was justified.
