Presence of Sulakhan Singh and Arjan Singh, the two eye witnesses was also ruled out as the wad was recovered from a distance of 46 feet whereas the shot must have been fired from 6 feet.
It was held that the incident having taken place sometime in the early morning the lodging of FIR at 1.00 p.m. when the distance of police station was only 100 feet, created as impression that it was a manufactured document.
M. Sahai, J. The only question in this appeal is whether the High Court was justified in reversing the order of acquittal and sentencing the appellant under Section 302 of Indian Penal Code.
The Trial Judge disbelieved the prosecution story as the shot by which the deceased died having admittedly been fired from 50 feet, there companyld number have any blackish margins of the injuries.
