and perusing the records, we order that the appellant be released on bail in Sessions Trial No. 208 of 1998 on the usual conditions to the satisfaction of the concerned trial court. The interlocutory application for bail stands disposed of. Hearing of the appeal expedited.6 302 r/w 34 IPC. While so, the Sessions Court ought to have extended the benefit of doubt and acquitted the appellant as well. The learned counsel further submitted that the appellant was acquitted of the charge under section 25/27 of the Arms Act arising out of the same crime, and hence, the offence under section 302 r/w 34 IPC is improbable. 10.1. Taking us through the evidence led by the prosecution, the learned counsel argued that the prosecution projected P.W.1 and P.W.2 as eye-witnesses to the occurrence; it is their deposition that they saw that the deceased was shot and got injuries, by which he was bleeding; and they took the deceased to hospital; but they did not get bloodstains on their clothes. That