Law: Penal Code (XLV of 1860)

Section: 302(b)/34

(a) Penal Code (XLV of 1860)---   ----S. 302(b)/34---Appreciation of evidence---Neither any empty was recovered from the spot nor the weapon recovered at the instance of accused was sent to Forensic Science Laboratory for its examination--¬Nothing, in circumstances, was on record to show that the weapon recovered from accused was the same which was used during occurrence---Said piece of evidence relied upon by prosecution, had no value and same could not be taken into consideration---Long standing enmity between parties stood established from statement of complainant as well as from statement of eye-witnesses---Possibility of false implication of accused persons, could not be ruled out in circumstances--¬Medico-Legal Report had revealed that deceased at the relevant time was semi-conscious, his blood pressure and pulse were nil, in view of said condition of deceased, it could not be believed that he would be in a position to make statement or narrate circumstances under which he had received injuries---Dying declaration of deceased allegedly made by him before complainant whose presence at the spot was also doubtful, could not be relied upon for upholding conviction of accused on charge of capital sentence---Ocular account was narrated by prosecution witnesses who were related inter se as well as to the complainant party and also had a long-standing enmity with accused---Presence of prosecution witnesses at the time of occurrence was also doubtful and statements made by said witnesses were in conflict with Medico-Legal Report on the point of location of injuries allegedly caused by accused---Statements of said witnesses, in absence of any independent corroborative piece of evidence, could not be relied upon---Unexplained delay of 17 hours in lodging F.I.R., was another factor to throw doubt on the credibility of prosecution case---Three accused were found innocent during investigation conducted by many Police Officials---Opinion of Police, though was not a proof of innocence or guilt of accused, but impact of such an opinion could not be thrown away to winds altogether---Record of case had revealed that deceased was a man of bad character--¬Statement of…

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