Penal Code, 1860–Sec. 307 [Corresponding Sec. 109 of BNS, 2023]–Conviction–Sustainability–Appellant has been convicted on the basis of same set of evidence, on which three accused have been acquitted–No justification has been shown by the Trial Court for doing so–Marks noticed by the Investigation Officer could not have been from the fire of gun–Neither the gun was recovered from the appellant nor the pallets recovered from the spot were sent for forensic examination–The crime scene was not photographed–If the accused were four and the victim was all alone and the accused were having a gun in their hands, then there was no occasion for them to hit again to cause harm to the victim–Significant discrepacies between the oral version and documentary evidence–Prosecution failed to establish the case beyond the reasonable doubt–Appellant is acquitted of the charges.
