that the order of sanction by the District Magistrate was rejected as there was no date in the order, cannot come to the aid of the appellant as the extent of proof and procedures for prosecution are different. In the instant case, the charge of murder framed against the appellant stood proved, as narrated above. Insofar as the claim that when the other accused have been acquitted for the same offence, the appellant cannot be convicted, we do not agree with the same. It is proved beyond doubt that the victim died due to gunshot. The presence of the other accused with the alleged weapons was not proved and the victim was not inflicted with any other form of injury. Therefore, the benefit of doubt granted to the other accused, who were acquitted, cannot be extended to the appellant. Accordingly, the conviction under section 302 IPC is confirmed. 17. Insofar as the conviction under section 34 IPC, there is a contradiction in the evidence of the Investigating Officer and the other