Law: Penal Code (XLV of 1860)

Section: 302/34/109

(a) Penal Code (XLV of 1860) Ss. 302/34/109 Appreciation of evidence Incident was a broad daylight occurrence and F.I.R. was promptly lodged All the accused persons were specifically named and complainant had explained her presence at the house of deceased alongwith her mother and father at the relevant time Complainant while appearing in Court made statement consistent with version given by her in F.I.R. insofar as role attributed to accused was concerned and her statement was corroborated by prosecution witness who was son of deceased Son of the deceased was a natural witness of occurrence who saw his father, mother. and other close relatives being murdered by accused Both prosecution witnesses were subjected to lengthy cross examination, but nothing could be brought on record to indicate that they were either not witnesses of occurrence or they were deposing on account of any enmity Both witnesses were closely related to accused Such witnesses were not expected to falsely depose against accused Statements made by prosecution witnesses stood corroborated by medical evidence qua duration of injuries received, time of death and kind of weapon used Accused remained fugitive to law and were apprehended after a period of more than 3 years and could not offer any tenable explanation for such abscondence When abscondence of accused was proved on record through proceedings under Ss.87/88, Cr.P.C. and if no explanation appealing to reason was put forth by the accused then that circumstance coupled with other evidence on record would rather weigh heavily against the accused Lack of motive or its weakness would not be fatal for prosecution when case otherwise stood proved through direct evidence Occurrence had partly been admitted by accused, but he raised plea, of grave and sudden provocation Such plea in facts and circumstances of the case was merely an attempt to hide his own guilt and could not be accredited with truth Prosecution, in circumstances, had proved its case beyond reasonable doubt against three accused persons whereas case of fourth accused was distinguishable and was not free from doubt Fourth accused was an old woman and was not armed with fire arm and…

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