Penal Code, 1860–Secs. 302/34–Conviction–Sustainability–Presence of star witness PW 15 is doubtful–He did not bother to go to the police station nearby or to inform the wife of the deceased after the incident despite being an ex-policeman–Accused was the witness against him in a criminal case–It is highly impossible that he would have been present at the place of
occurrence–Arrest and recovery are doubtful–Courts below shifted the burden of proving on the defence–It cannot be concluded that the only shot fired which could be seen by the PW 15–Appellant is entitled to be acquitted.
