(1.) VIDE judgment and order dated 9.4.2001 the appellant has been convicted for the offence of murdering Arjun.
(2.) WE note that Arjun died as a result of receiving a single gun shot wound. The weapon of offence could not be recovered.
(3.) PERTAINING to the last circumstance used by the learned Trial Judge, we fail to understand the purport of the last sentence in para 11 of the decision to the effect: presence of accused has been proved on record which falsifies his defence.