Law:

Section:

Azad Penal Code-- ----S. 302(b)--Conviction and sentence recorded against accused by trial court--Challenge to--Appreciation of evidence--Circumstantial evidence--FIR was recorded with promptitude--Parties were closely related and knew each other prior to incident--No question of mistaken identity of accused could arise--Validity--Circumstantial evidence was corroborated by medical evidence in all material particulars of the case--Recovery of .30 bore pistol and positive reports of F.S.L and chemical examiner further support the prosecution version--Complainant party has no reason for false implication of accused in an offence entailing capital punishment--Held: Recovery of pistol at the instance of the accused buried by him after commission of offence alongwith three live rounds recovered on his pointation and an empty taken into possession from the place of occurrence provide sufficient incriminating circumstantial evidence to connect the accused with the crime as both the places were in exclusive knowledge of the accused--Further held: Courts below is well barred, unimpeachable and not warranting any interference to extent of the accused and prosecution has succeeded in bringing home guilt against all the accused persons through unshakable, unimpeachable and confidence inspiring evidence--Order accordingly. Related Witnesses-- ----Prosecution witnesses though related to complainant do not have any semblance of enmity against deceased--Held: Evidence of related witnesses cannot be discarded on account of mere relationship until and unless they are found animus towards the accused. 1992 SCR 249 & 294, PLJ 2000 SC (AJK) 192 & 2001 SCR 240, ref. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 342--Version of the accused--Implicated due to enmity would merit rejection when taken into consideration in justaposition to prosecution case--Validity--Defence plea is false and fabricated and it does not appear to be truthful whereas the prosecution version appears to be highly believable and worth consideration--Accused although not nominated in FIR but later on implicated during investigation of the case--No strong evidence in defence was produced for…

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