Girish Chandra Gupta, J.

1. This appeal is directed against a judgment and order dated 10th January, 1997 and 13th January, 1997 respectively passed by the learned Additional Sessions Judge, Raiganj, Uttar Dinajpur in Sessions Case No. 52 of 1995 convicting and sentencing the appellants under section 326/307 read with section 34 of the Indian Penal Code and under sections 25(1-A)/27(2) of the Arms Act.

2. The case of the prosecution briefly stated is as follows:

On 21st January, 1995 at about 7.15 p.m. in the evening Shri Bholanath Ghosh was shot at by Raj Lahiri and Shasti Devsharma. The victim was admitted in the Raiganj Hospital. He was shifted to North Bengal Medical Hospital at Siliguri in the same night and was ultimately on 25th February, 1995 taken to Apollo Hospital at Madras where the bullet was removed from the victim's body.

3. Mr. Bag, learned Senior Advocate appearing for the appellants submitted that there is no evidence far less satisfactory evidence to connect the appellants with the alleged crime. He submitted that the judgment is perverse and should be set aside.

4. Considering the submission of Mr. Bag we have to find out whether the prosecution has been abl