In this case, around 6:30 p.m., Shri Iqbal Bahadur Saxena, Principal of the Chandra Shekhar Azad Inter-College, since deceased was sitting with his family physician and private practitioner Dr. Asghar Ali in the verandah outside his office, situated in the college campus. He sent his security guard Fazal Maseeh to fetch an empty bottle of medicines from his residence, also within the college campus. As PW-1 was returning with the bottle, the three accused, Gullu @ Rajesh (A-1), Vimal Kumar @ Chunnoo (A-2), and Munuwa @ Satish (A-3), are alleged to have entered the verandah from the south, fired gunshots at the Deceased as well as at PW-6, and fled towards the north of the building. PW-6 went to his dispensary located nearby and sought the help of Mahendra Kumar, a compounder at his dispensary, to bring the Deceased who had become unconscious, to the dispensary on a cot for administering first-aid. After that, the Deceased was put on a bullock cart along with the cot to proceed hereinafter referred to as the ‘Deceased’. It was held, there are glaring inconsistencies in evidence put forth by prosecution which cannot be ignored. Para 14. It is clear that prosecution failed to recover bloodstained materials from place of occurrence, empty cartridges, pellets, or any other weapon used for commission of crime. Further, there are contradictions and unnatural conduct of eyewitnesses, and inconsistencies in two dying declarations given by deceased. Prosecution held, has clearly not proved case beyond reasonable doubt. Therefore, accused persons are entitled to be given benefit of doubt. Para 32. Accordingly, judgments of courts below quashed and set aside. Hence, accused-appellants herein acquitted of all charges. Para 33.2

[Munuwa v. State of U.P., (2023) 1 SCC 714]

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