Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-F(i)(ii)(iv) & 34---Qatl-e-amd, causing Damiyah, Badi'ah, Madihah, common intention---Appreciation of evidence---No deliberate or conscious delay in reporting matter to the Police---Presence of complainant, her son and 'Bhanjha', in the house of the complainant at odd hours of the night, was quite probable and natural specially when all said three witnesses of the occurrence; had stamp of injuries on their person---Though no source of light had been mentioned, but there was some moonlight, and electric light was also on at that time---Both parties being residents of the same vicinity and known to each other, question of misidentification of accused, would not arise at all---One of the prosecution witnesses, who was dumb, his evidence was not believed by the Trial Court, qua the injuries sustained by him, and he was straightway excluded from consideration against accused---Quality, and not the quantity of the evidence, which would settle the guilt or innocence of accused---Even after excluding evidence of said witness, there left testimonies of complainant and other prosecution witnesses---Medical evidence, was exactly in line with the ocular account---Recovery of dagger at the instance of accused, was immaterial, because, in the recovery memo, it was nowhere mentioned that same was stained with blood, and no report of Serologist qua said dagger was available on record---Prosecution had failed to establish the motive part of the occurrence---No injury to the deceased or anybody else was attributed to acquitted co-accused, whereas accused was attributed successive dagger blows to deceased, complainant and other prosecution witnesses---Straightforward and confidence-inspiring ocular account, was fully supported by medical evidence---Conviction of accused under Ss.302(b), 337-F(i)(ii)(iv), P.P.C. was maintained, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 337-F(i)(ii)(iv)---Qatl-e-amd, causing Damiyah, Badi'ah, Madihah---Quantum of sentence---Accused had committed cold-blooded murder of young son of the complainant aged 24 years by causing eleven incised dagger blows, besides causing…

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