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Head Note

Indian Penal Code,1860  - Section 307 , The Arms Act,1959  - Section 25 , Section 27

Conviction - Appellant convicted u/s. 307, IPC and s. 27 of the Act - In appeal appellant acquitted of both the charges and was convicted u/s 25(1)(a) of the Act - HC set aside the order of acquittal and convicted the appellant u/s. 307, IPC - Statement of the eye witnesses, medical evidence and the investigation conducted by the Investigating Officer clearly show that the prosecution was able to prove its case beyond reasonable doubt - No reason before the Court to doubt the statement of the eye witnesses - Assumptions raised by the First Appellate Court are not supported on record - HC not exceeded its jurisdiction while reversing the judgment of acquittal - Appeal dismissed.

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