Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---FIR, having been promptly lodged there was no chance for deliberation, consultation, false implication or substitution---Incident was a daylight occurrence, and accused being the first cousin of the complainant and the deceased, well known to each other, neither any question of misidentification, could arise, nor any such plea had been taken by accused---Single accused had been charged for murder of the deceased (brother of the complainant)---In such like cases, when a close relative, near and dear had been done to death, leaving the actual culprit and charging an innocent person, was rare phenomenon---No doubt, the eye-witness, was closely related to the deceased, being his real brother, but his testimony could not be discarded only on that ground, unless, it was shown that he was partisan, inimical or interested witness---Complainant, had given natural and cogent picture of the occurrence, and his testimony could not be shattered, despite being lengthy and taxing cross-examination---No major contradiction had been pointed out which could shatter the case of prosecution---Some discrepancies, were inevitable, bound to occur on account of lapse of memory owing to the intervening period, as the statement of the eye-witness in the case, was recorded after lapse of more than two and half years---After passage of such a long period, minor discrepancies could occur in the statements of prosecution witnesses and accused could not get premium thereof---Prosecution case, also got support from circumstantial evidence in the shape of recovery of blood-stained last worn clothes of the deceased, which were sent to the chemical analysis---According to Serologist report, it was human blood and of the same group---All such material pieces of circumstantial evidence, established the place of occurrence as alleged by the complainant and proved that the deceased was done to death at the same place by accused in the mode and manner as alleged by the complainant---Motive, which was stated to be a dispute over a woman, even, if was not proved, same could not be fatal to prosecution case---Medical…

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