Law:

Section:

(a) Penal Code (XLV of 1860), S. 302/34 - Murder case-­Appreciation of evidence - Corroboration - Accused and his two associates (acquitted accused) alleged to have run after deceased, overtaken him, two acquitted accused having held deceased by arms and accused stabbed deceased with a sun on left of back, thereby causing his death-Deceased receiving stab wound measuring 1/6" in diameter on back of left chest going deep into body rupturing pleura and lung-Location and depth of injury of great significance in circumstances-Location of injury on back and" extent of penetration of sun-Indicative of victim having been com­pletely overpowered enabling accused to plunge sun with full force-Fact, held, strong corroboration of deceased being pinned' down by two accused, each holding him by arms, enabling third: accused (respondent) to stab him. The autopsy of the deceased showed that the stab wound: measured 1/6" in diameter on the back of the left chest and it had gone deep in the body of the deceased and ruptured the left pleura, and left lung which according to the doctor proved fatal. The loca­tion and the depth of the injury on the back of the deceased are also of great significance in the case. The injury was on the back of the deceased and the thrust having regard to its penetration clearly indicates that the victim was completely overpowered enabling: accused to plunge the sun with full force. This would not have ­been possible if the deceased had slight freedom of movement. This offers a strong support to the prosecution version that the­ deceased was pinned down by the two acquitted accused each. (b) Penal Code (XLV of 1860), S. 302/34 - Appeal against acquittal-Credibility of witnesses, divisibility of-Occur­rence taking place in broad daylight and all accused known to prosecution witnesses-Prosecution witnesses independent, natural and reliable-Judgment of acquittal proceeding on misreading of of trial Court based on conjecture, and rejecting evidence on obscure grounds-Reference in of acquittal to accused respondent having acted in self-defence only casual and admitted to be not established-Reference in to possibility of "free fight" also casual and not…

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