Penal Code, 1860–Secs. 302 & 201 [Corresponding Secs. 103 & 238 of BNS, 2023]–Arms Act, 1959–Sec 3/25(1)(b)–Acquittal from the offence–No cogent evidence of motive–Discrepancy as regard to time and date of offence–Prosecution failed to examine two key witnesses who were said to have seen the accused dragging the body–PW 1 & 2, the alleged eye-witnesses were not mentioned in FIR and they are not reliable–Their statements u/s. 164 were recorded after an unexplained delay of four weeks–PW 2 is a child witness and the possibility of tutoring or fabrication of his account cannot be ruled out–Prosecution failed to inspect or seize the shop where the alleged incident of shooting took place–Post-mortem report and medical testimony do not corroborate the fact of dragging the body–Recovery of the weapon is shrouded in serious doubts–Procedural lapses in ballistic examination of recovered bullets and weapon–Prosecution failed to establish the case beyond the reasonable doubt–Held, acquittal was justified.
