5. Mr. Amit Singh, learned counsel for the appellant would, submit that the trial Court is absolutely unjustified in convicting the appellant by recording a finding, which is perverse to the record, as there is no legally admissible evidence to convict the appellant for the aforesaid offences. He further submits that no pistol and cartridges have been seized from the possession of appellant and in the FIR and merg, the appellant is not said to have caused the gun-shot injury and the test identification parade to identify the appellant as assailant, has not been conducted and Shyam Bai (PW-9) has clearly stated that she has not named any of the naxalites in the FIR and merg intimation. Furthermore, Latkhor (PW-4), who had met the naxalites has clearly stated that the naxalites have covered their faces and there was darkness, therefore, it was very difficult to identify the appellant. Furthermore, the author of the FIR Amit Boriya (PW-10) had stated that merg and FIR was written by Yuvraj Deshmukh, who had not been examined and in absence of that, it cannot be proved that Shyam Bai (PW-9) has named the present appellant also in the FIR and no FSL report or ballistic expert report has been brought on record and in view of that, the appellant is entitled for acquittal.
