Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---F.I.R. having been lodged promptly, chances of concoction and deliberations, had been ruled out---One of the prosecution witnesses who was real daughter of accused was resident of the house where the occurrence had taken place, her presence at the spot was quite natural---Said witness was cross-examined at length, but her evidence could not be shattered during the process of cross-examination, her evidence was further corroborated by circumstantial evidence---Evidence of other prosecution witnesses, was straightforward and confidence inspiring---Manner in which deceased was done to death and the time of her death was supported by medical evidence---Case of the prosecution was further corroborated by circumstantial evidence---Prosecution witnesses not only were relatives of the deceased, but were also closely related to accused, as well---No reason existed for the complainant to falsely implicate accused in the case---Evidence of prosecution witnesses, could not be discarded on the sole ground of their relationship with the deceased---Delay in recording statement of one prosecution witness under S.161, Cr.P.C. by Investigating Officer was not significant, as name of said witness was mentioned in promptly lodged F.I.R.---Plea of accused was that the deceased had committed suicide, and that he had been falsely implicated in the case---Said plea had not been taken by accused during the investigating of that case before the Investigating Officer, but was an afterthought---Motive, mentioned in the F.I.R., was not stated by the complainant and prosecution witnesses in the court---In absence of any evidence with regard to motive, same could not be believed---Nothing was recovered from the possession of accused during his physical remand---Ocular account and circumstantial evidence of the prosecution witnesses, was fully supported by medical evidence---Prosecution, in circumstances, had proved its case against accused beyond the shadow of any doubt---Conviction of accused was maintained, but in view of certain mitigat-ing circumstances, his sentence was altered…

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